UN Women by Cheryl Team Working With Justice Sector

Working with the Justice Sector
to
End Violence against Women and Girls
Developed by:
Cheryl Thomas, Director, Women’s Program
Laura Young, Staff Attorney, International Justice Program
Mary Ellingen, Staff Attorney, Women’s Program
Contributors:
Margarita Alarcon, Lawyer (Cuba)
Dr. Kelly Askin, Senior Legal Officer, International Justice, Open Society Justice Initiative, United States
Lisa Dailey, Lawyer (United States)
Geraldine R. Bjallerstedt, Lawyer, Head of Nairobi Office, Raoul Wallenberg Institute of Human Rights
and Humanitarian Law (Kenya)
Terence Fitzgerald, Senior Program Specialist, Justice Operations Division, International Justice Mission
(United States)
Loretta Frederick, Senior Legal and Policy Advisor, Battered Women’s Justice Project, (Minnesota,
United States)
Albena Koycheva, Lawyer (Bulgaria)
Audrey Lee and Ann Campbell, International Women’s Rights Action Watch Asia Pacific (Malaysia)
Sara A. Lulo, Executive Director, Avon Global Center for Justice, Adjunct Professor of Law, Cornell Law
School (United States)
Patricia MacIntosh, Deputy Minister of Community Services (Canada)
Aileen Marques, Lawyer (India)
Eniko Pap, Lawyer (Hungary)
Dr. Maria F. Perez Solla, Lawyer (Austria)
Justice Sonia A.C. Rivera, Senior Judge, Gender Violence Specialized Court (Madrid, Spain)
Dr. Anicée Van Engeland-Nourai, Lecturer in Law, University of Exeter, Research Associate, SOAS
(United Kingdom)
Joan Winship, Executive Director, International Association of Women Judges (United States)
Justice Sector Module 1 December 2011

INTRODUCTION AND KEY CONCEPTS
WHY IS THE JUSTICE SECTOR IMPORTANT?

WHAT DOES THE JUSTICE SECTOR ENTAIL?
FORMAL JUSTICE MECHANISMS
INFORMAL JUSTICE MECHANISMS
HYBRID JUSTICE MECHANISMS
HOW DO DIFFERENT JUSTICE SECTOR COMPONENTS INTERACT?
LAW AND REGULATION
JURISDICTION
FUNDING
PROCEDURE
ENFORCEMENT
PERSONNEL
CHOICE OF FORUM
WHAT IS KNOWN ABOUT WORKING WITH THE JUSTICE SECTOR ON VIOLENCE AGAINST WOMEN
AND GIRLS?
SURVIVORS EXPRESS THE MOST SATISFACTION WITH SYSTEMS THAT REFLECT THEIR
INPUT AND PARTICIPATION
CONSISTENCY AND RELIABILITY IN JUSTICE SECTOR RESPONSES CAN IMPROVE
OUTCOMES FOR WOMEN
COORDINATED COMMUNITY RESPONSE LEADS TO POSITIVE OUTCOMES
SPECIALIZED COURTS AND PROCEDURES POSITIVELY CHANGE THE WAY CASES ARE
HANDLED
SPECIALIZED PROSECUTORS CAN REDUCE BARRIERS TO JUSTICE
VICTIM ADVOCATE PROGRAMMES CAN REDUCE VIOLENCE AND SUPPORT FOLLOW -
THROUGH
TRAINING AND CAPACITY DEVELOPMENT CAN CHANGE PRACTICES
RESTORATIVE JUSTICE PROGRAMMES REMAIN CONTROVERSIAL
GUIDING PRINCIPLES
BASE PROGRAMMES ON INTERNATIONALLY RECOGNIZED HUMAN RIGHTS PRINCIPLES

PRIORITIZE THE PHYSICAL AND PSYCHOLOGICAL SAFETY OF WOMEN AND GIRLS
END IMPUNITY FOR PERPETRATORS OF VIOLENCE
DEMONSTRATE AND ENCOURAGE A NORM OF RESPECT FOR SURVIVORS
ADOPT A HOLISTIC STRATEGY FOR REFORM
ENGAGE BOTH THE FORMAL AND (WITH CAUTION) INFORMAL SECTORS
UNDERSTAND AND ADDRESS CONCERNS ABOUT MEDIATION AND RESTORATIVE JUSTICE
USE MONITORING AND EVALUATION TO INFORM PROGRAMME DESIGN AND
IMPLEMENTATION
OVERVIEW OF STRATEGIES

LAW REFORM
SERVICE DELIVERY AND ACCESS
TRAINING AND CAPACITY DEVELOPMENT
EDUCATION AND AWARENESS-RAISING
OVERSIGHT AND MONITORING
PROGRAMME PLANNING AND DESIGN
STEP 1: CONDUCT AN APPRAISAL

WHAT KIND OF INFORMATION SHOULD BE GATHERED?
WHAT METHODS CAN BE USED TO GATHER APPRAISAL INFORMATION?
REVIEW OF AVAILABLE DOCUMENTATION
COMMUNITY MEETINGS
INTERVIEWS
OBSERVATION
SAFETY AUDITS
SURVEYS
FOCUS GROUPS
KEY INFORMANT INTERVIEWS
COURT MONITORING
HUMAN RIGHTS MONITORING
WHAT IS THE OUTCOME OF AN APPRAISAL?
STEP 2: DEFINE AND PRIORITIZE GOALS
STEP 3. PLAN FOR PARTICIPATION AND PARTNERSHIPS
STEP 4: Use Tools to Select a Strategy or Strategies
STEP 5. INCORPORATE MONITORING AND EVALUATION
STEP 6. DEVELOP A WORK PLAN AND BUDGET
FORMAL SECTOR: OVERVIEW OF MAIN STRATEGIES
REFORM DISCRIMINATORY LAWS

IMPROVE RESPONSE TO SURVIVORS
PROVIDE TRAINING AND DEVELOP CAPACITY
PROMOTE RIGHTS-BASED EDUCATION AND AWARENESS
PERFORM REGULAR MONITORING AND EVALUATION
FORMAL SECTOR: CHALLENGES
FORMAL SECTOR MAY REFLECT WIDER SOCIETAL BIASES

WOMEN MAY NOT HAVE IMMEDIATE CAPACITY TO USE THE FORMAL SYSTEM
LIMITED CAPACITY/RESOURCES FOR SHORT-TERM CHANGE
LITTLE MOTIVATION TO REFORM
LIMITED POWER TO CHANGE
EVIDENCE-BASE FOR REFORMS IS STILL WEAK

FORMAL SECTOR: PROGRAMME IMPLEMENTATION
REFORM DISCRIMINATORY LAWS

TREATY RATIFICATION
INCORPORATE INTERNATIONAL STANDARDS
CONSTITUTIONAL REFORM
REVIEW AND REFORM OF LEGISLATION
ENGAGE IN STRATEGIC LITIGATION
USING INTERNATIONAL FORUMS
USING REGIONAL FORUMS
IMPROVE RESPONSE TO SURVIVORS
WORKING WITH THE MINISTRY OF JUSTICE
WORKING WITH THE COURT SYSTEM
WORKING WITH JUDGES
WORKING WITH PROSECUTORS
PROVIDE TRAINING AND DEVELOP CAPACITY
DEVELOP OR MODIFY COURT INFRASTRUCTURE
COLLECT DATA
PROVIDE TRAINING
PROVIDE RIGHTS-BASED EDUCATION AND AWARENESS
FORMAL SECTOR: MONITORING AND EVALUATION
KEY PRINCIPLES FOR MONITORING AND EVALUATION

INDICATORS
BASELINE STUDIES
MONITORING
EVALUATION
INFORMAL SECTOR: MAIN STRATEGIES
REFORM LAWS AND REGULATE

INNOVATE AND PROVIDE ALTERNATIVES
ABOLITION
DEVELOP CAPACITY
HUMAN RIGHTS AND GENDER TRAINING
RAISE PUBLIC AWARENESS
MONITOR HUMAN RIGHTS PRACTICES
INFORMAL SECTOR: CHALLENGES
INCORRECT ASSUMPTIONS ABOUT THE INFORMAL SECTOR

INCONSISTENT NORMS AND PROCEDURES
LACK OF DATA
LOGISTICS

POLITICAL NATURE OF REFORM PROJECTS
GOVERNMENTS SHIFTING RESPONSIBILITY TO NGOS
INFORMAL SECTOR: SPECIAL PROGRAMMING CONSIDERATIONS
ADDRESS CONCERNS ABOUT RESTORATIVE JUSTICE AND MEDIATION IN PROGRAMME DESIGN

PROTECT WOMEN’S SAFETY IN ALL ASPECTS OF PROGRAMME WORK
REFLECT ON MINORITY RIGHTS AND INDIGENOUS PEOPLES’ RIGHTS
WHO ARE MINORITIES?
WHO ARE INDIGENOUS PEOPLES?
WHAT INTERNATIONAL AND REGIONAL INSTRUMENTS FRAME THE RIGHTS OF MINORITIES
AND INDIGENOUS PEOPLES?
WHAT ARE KEY RIGHTS OF MINORITIES AND INDIGENOUS PEOPLES RELATED TO JUSTICE
SECTOR REFORM AND VIOLENCE AGAINST WOMEN?
CONCERNS RELATED TO A MINORITY-RIGHTS APPROACH TO JUSTICE FOR WOMEN
AND GIRLS WHO EXPERIENCE VIOLENCE
INFORMAL SECTOR: PROGRAMME IMPLEMENTATION
REFORM LAWS AND REGULATE

TYPES OF REFORM AND REGULATION
POTENTIAL PITFALLS OF REGULATING THE INFORMAL SECTOR
STRATEGIC LITIGATION
INNOVATE AND PROVIDE ALTERNATIVES
ABOLITION
DEVELOP CAPACITY
CREATE LEGAL EDUCATION MATERIALS
CREATE OR MODIFY INFRASTRUCTURE
INCREASE COLLABORATION AND LINKAGES
FACILITATE KNOWLEDGE TRANSFER
TRAIN ON HUMAN RIGHTS AND GENDER
CONTENT
DESIGN CONSIDERATIONS
RAISE PUBLIC AWARENESS
MONITOR HUMAN RIGHTS PRACTICES
WHAT IS HUMAN RIGHTS MONITORING?
CEDAW AND MONITORING INFORMAL MECHANISMS
MONITORING AND REGIONAL INSTRUMENTS
INFORMAL SECTOR: MONITORING AND EVALUATION
BASELINE STUDIES
MONITORING
EVALUATION

INTRODUCTION AND KEY CONCEPTS
Why is the justice sector important?
The justice sector has a powerful role to play in a coordinated response to ending
violence against women and girls. The justice sector uses the authority of the
government, or of the community, to enforce laws and other rules of behaviour that can
protect women and girls from violence and punish perpetrators.
Women around the globe confront challenges accessing justice.

 Research shows that violence against women continues to be a severely
underreported crime globally. The International Violence Against Women Survey
shows that across the six diverse countries surveyed, generally less than 20% of
women reported the last incident of violence they experienced to the police.
(Poland was an exception where 29% of women reported physical violence and
39% reported sexual violence.)
 Violence by perpetrators who are known to the victim is much less likely to be
reported than violence perpetrated by strangers.
 Women often do not see the violence as a crime. When asked about whether
intimate partner violence they had experienced was a crime, more women
participants in the International Violence Against Women Survey from around the
world viewed the violence as wrong but not a crime. For example, only 41% of
respondents in Costa Rica said the violence was a crime and only 15% of
respondents in Hong Kong said the violence was criminal.
 When women do report crimes of violence, the rates of perpetrators being
charged and convicted are very low, generally less than 10% according to the
International Violence Against Women Survey.

Justice sector reform related to violence against women often focuses on the following
goals (Quast, 2008):
 Reforming laws, policies, and practices to promote the removal of perpetrators
from situations in which they use violence against women (incarceration,
expulsion from the home, community exile) and holding offenders accountable
for violence by imposing other penalties.
 Developing a fair and equitable constitution and reforming laws based on
international human rights standards.
 Introducing legislative and enforcement mechanisms to promote and protect
human rights and to overcome barriers confronting marginalized and vulnerable
groups.
 Developing a judiciary with expertise on violence against women.
 Developing a coordinated community response to cases of violence against
women.
 Providing timely, equitable access to justice and effective enforcement of laws.
 Ensuring that justice mechanisms apply fair and consistent procedures.

 Strengthening links and cooperation between and among state and non-state
institutions to ensure victim safety and offender accountability.
 Ensuring that states meet their responsibilities under international and regional
laws
 Building trust in the justice sector.
 Ensuring a representative and credible justice sector.
 Strengthening oversight and monitoring of the justice sector.
 Providing survivors with civil remedies and/or reparations.
What does the justice sector entail?

The justice sector in all countries is pluralistic, meaning there are many different
mechanisms that overlap to provide people with resolution of cases and remedies for
violations committed against them. Some of these mechanisms are ―formal‖, in other
words sanctioned and within the power of the State (e.g. national courts); others are
―informal‖ and completely out of State control (e.g. community-based case resolution
practices). Informal justice mechanisms, in particular, often reflect customary or
prevailing attitudes of the community towards women and girl victims of violence and
consequently often present risks to victim safety and gaps in accountability of
perpetrators. Other justice mechanisms are a mixture of the two (e.g. programmes that
arrive at a community consensus regarding a sentence for an offender after that
offender has been found guilty in the formal courts). In a federal state, cases can be
addressed through sub-national justice systems, where they are not handled with
legislative uniformity across the country.
Common Types of Justice Mechanisms
Several terms are regularly used when discussing justice mechanisms. Some working
definitions are provided below. This is by no means an exhaustive list of types of justice
mechanisms and is only a reference set of terms that are commonly discussed. it is
important to note that negotiation, conciliation, mediation, and restorative justice
mechanisms can be detrimental in cases of violence against women because of
power imbalances and safety risks for women interacting with perpetrators during face-
to-face meetings.
Negotiation: A process through which parties voluntarily seek a mutually acceptable

agreement to resolve a case.
Conciliation: A process through which a third party meets separately with each party to
a case in an attempt to promote a settlement; often that is the first step in other
resolution processes.
Mediation: A process through which a neutral third party negotiates a resolution to a

case. Mediators, also known as facilitators, do not impose a decision or solution.

Restorative Justice: A process through which generally survivors and offenders, their
families, and representatives of the community are all directly involved in responding to
the harm caused by an offender‘s actions.
Some examples of restorative justice include sentencing circles, family group
conferencing, survivor-offender mediation and dialogue, peacemaking circles, and other
programmes that focus on repairing communal and other relationships.
Arbitration: A neutral third party hears the parties‘ arguments and imposes a decision
that is enforceable through the courts or other mechanism; this decision may be binding
or non-binding.
Litigation: A process through which parties present their case to a formal court and
follow the procedures of that court to reach a resolution.
Prosecution: A process through which the government initiates and pursues a criminal
case in a formal court against someone who is believed to have committed a crime. The
outcome may be that the accused person is acquitted (found not to have committed the
crime or guilt not proved beyond a reasonable doubt) or that the person is found guilty
and a criminal penalty, such as incarceration, is imposed.
Sources: U.S. National Institute of Justice. 2007. Fundamental Concepts of Restorative

Justice; U.S. Agency for International Development. 1998. Alternative Dispute
Resolution Practitioners Guide.
Formal Justice Mechanisms

Formal mechanisms derive their structure and power from the laws, policies, and
regulations made by the government. They operate as a part of the government and are
funded by the state. Their function is to interpret and resolve conflicts about the laws, as
well as determine responsibility for violations of the laws. In federal systems, formal
justice mechanisms may also derive from the power of a specified federal entity within
the nation-state.
The official courts form the centre of the formal justice sector. Key actors in the formal
justice sector can include judges, prosecutors, defense attorneys, civil attorneys, staff
that support the operation of the courts, and those who provide court-mandated
services to survivors. The formal justice sector may also include non-court mechanisms,
such as arbitration, mediation, or restorative justice.
Law enforcement officers, such as police, also interact closely with both the formal and
informal justice sector. For more information on law enforcement see the Security
Sector module on this site.

Informal Justice Mechanisms
Informal mechanisms derive their power from social groups or community structures
and are not a part of the government. Social groups and structures can include specific
ethnic or faith communities, rituals or traditions, indigenous governance systems, or
local community organizations.
The informal justice sector often has at its centre leaders or decision makers who are
chosen by the community that uses the mechanism. These leaders may preside in
settings much like a court or may operate in an altogether different environment (such
as a community gathering place or a private home). They may be paid by the parties, by
an outside entity, or may provide their services free of charge as part of their expected
role in the community. The community and the public at large also often play an
important role in informal proceedings and enforcement of decisions.
Informal justice mechanisms pose many risks to women and girl victims of
violence (see box for details). However, there is general consensus that simply
outlawing practices or mechanisms without public education and awareness is the least
effective means of reform in the informal sector. Changing the law in combination with
ongoing education and provision of alternatives is a preferable strategy.
The Danger of Restorative Justice in VAW Cases
Restorative justice practices are used in both the informal and formal justice sectors
around the world. There are significant concerns relative to using restorative practices in
cases of violence against women. These processes can minimize the effect that
violence has had in women‘s lives, can perpetuate discrimination against women, and
can risk women giving up their individual rights so as to preserve harmony within a
social group. There is often an imbalance of power between survivor and perpetrator in
cases of violence against women, so restorative justice practices can create risks
associated with bringing the survivor and offender together for negotiation and dialogue.
This has not precluded restorative justice practices from being used around the world
for cases of violence against women, including domestic violence. Women may be
pressured to use these mechanisms or may use them when formal justice mechanisms
are not readily available.
The Dangers of Mediation in VAW Cases
Mediation (sometimes referred to as conciliation) is used in both the formal and informal
justice sectors, despite expert recommendations that it not be used in cases of violence
against women. Mediation can be extremely problematic and indeed dangerous in
cases of violence against women, especially in cases of domestic violence. Cases of
violence against women involve unequal power relationships between the parties,
based on acts of assault, violent intimidation, and/or controlling, abusive, or humiliating
behaviour. Mediation assumes that parties approach the process with equal resources

and power – which is often not the case in these situations. In fact, many experts
recommend that laws prohibit mediation in cases of violence against women. For
example, the 2011 Council of Europe Convention on preventing and combating violence
against women and domestic violence prohibits ―mandatory alternative dispute
resolution processes, including mediation and conciliation, in relation to all forms of
violence‖ covered by the convention (Art. 48).
Nevertheless, mediation continues to be used in many cases of violence against women

in countries around the world. Any justice reform programme with a mediation
component should strictly comply with the following:
 All those involved in facilitating mediation should be trained in the dynamics

of violence against women, particularly domestic violence. Training should
include the strong message that even after training, mediators likely will not be
able to recognize all cases of domestic violence or equalize power imbalances
once mediation has started.
 Mediation programmes, whether in the formal or informal sector, should
include a screening process to identify and refer cases that are
inappropriate for mediation.
 Women should always be allowed to opt out of mediation processes, and
should be provided with resources to support them in doing so.
 Parties in mediation should be encouraged to have supportive persons accompany
them to sessions and seek outside legal counsel.
 Parties in mediation should be given the option of shuttle mediation, where they do
not have to be physically present in the same space during the process.
The principles above should be kept in mind anytime mediation is used. Further, the
American Bar Association has promulgated Model Standards of Practice for Family and
Divorce Mediation that contains helpful guidelines relative to dealing with violence
against women in the mediation setting.
Sources: The Advocates for Human Rights. 2010. StopVAW - Mediation; United Nations. 2009.
UN Handbook for Legislation on Violence Against Women; Amnesty International. 2008.
Women’s Struggle for Justice and Safety in the Family; Ellsberg. 2001. Towards an Integrated
Model of Care for Family Violence in Central America.
Canada: Working Group Recommendations for Restorative Justice in VAW

Cases
In Canada, where restorative justice practices have been incorporated into the formal
court system over the past several decades, there has been much debate about the use
of restorative practices in cases of violence against women, especially domestic
violence. For example, the Aboriginal Women‘s Action Network has recommended a
moratorium on the use of restorative justice in cases of violence against women and
children, while some other aboriginal and non-aboriginal groups have been supportive
of developing restorative justice options. In response to the concerns, the Department of

Justice in Canada created a working group to develop recommendations about how
restorative practices might be appropriately used in cases of domestic violence. The
recommendations stated that restorative justice practices in spousal abuse cases
should not be used except in the following circumstances:
 the restorative justice process offers the same or greater measure of
protection of the survivor’s safety as does the criminal justice process;
 the referral to the restorative justice process is made after the perpetrator has been
charged with a crime and with the approval of the prosecutor;
 trained and qualified personnel, using validated risk assessment tools, determine
that the case is not high-risk (in other words, if after a consideration of a variety
of factors, including any history of violence, threats of serious violence, prior
breaches of protective court orders, the use or presence of weapons,
employment problems, substance abuse and suicide threats, the offender is
assessed to be at low risk of re-offending and therefore of low risk of harm to the
survivor‘s safety, as well as that of her children and other dependents, both
throughout and after the process);
 the survivor is fully informed of the proposed restorative justice process and her
wishes are taken into consideration. In addition, survivor consent is required
and survivor support must be provided where the survivor will be asked to
participate in the alternative justice process;
 the offender fully accepts responsibility for his action;
 the restorative justice process is part of a programme approved and overseen by the
government for the purpose of providing restorative justice responses to spousal
abuse;
 the restorative justice process is transparent (that is, it maintains formal records of
the actions taken by those engaged in the process) and it is undertaken in a
timely and reasonable manner;
 the restorative justice process has the capacity to deal with spousal abuse
cases and is delivered and supervised by persons possessing the requisite
skill, training and capacity, including the ability to recognize and address
any power imbalances, as well as cultural differences; and
 the possibility of criminal conviction and sentence remains if the process fails.
The Working Group found that use of restorative justice processes in cases of
violence against women should also be supported by the following activities:
 development and delivery of ongoing training for those involved in conducting risk
assessment and the delivery and supervision of the alternative justice processes
and programmes, including criminal justice personnel;
 development and application of validated risk assessment tools for spousal abuse
cases; and
 ongoing monitoring and evaluation of alternative justice responses, including of
those used in spousal abuse cases, against new evidence-based research on
the effectiveness of these processes, their ability to ensure the safety of the
survivor and her children, and their ability to reduce the likelihood of re-offending.

Sources: Department of Justice, Canada. 2001. Final Report of the Ad Hoc Federal-
Provincial-Territorial Working Group Reviewing Spousal Abuse Policies and Legislation;
Ptacek. 2010.
Hybrid Justice Mechanisms

Hybrid mechanisms (not to be confused with hybrid courts) have characteristics of both
informal and formal mechanisms. These entities may have started out as community-
based systems but have been integrated in part into the judiciary and regulated by law
(UK Department for International Development, 2004).The Local Council Courts in
Uganda are one such hybrid mechanism – they began as local ―resistance‖ councils
during Uganda‘s civil war in the 1980s. They operated in areas where the state had lost
control and were composed of members elected by all the adults in a particular village.
The resistance council would also act as a case resolution mechanism. After the regime
change in Uganda resistance council courts were formally incorporated into law and
now are known as Local Council Courts (Penal Reform International, 2000). The Local
Council Courts handle civil matters arising out of daily activities within their jurisdiction
or matters arising out of violations of local by-laws.
Another hybrid-type mechanism is common in the formal justice systems of settler

societies, such as the United States and Canada. These formal justice systems have
integrated some types of indigenous case resolution mechanisms into their processes.
For example, the courts require that some cases go through a community-based
mediation process before a case can be filed in the formal courts; these mediation
processes are often state approved and state funded. Other formal courts have
incorporated practices based on community traditions into the procedures of the formal
courts.
Rwanda – Development of Hybrid Justice in a Post-Conflict Context

The gacaca courts, which were put into place in Rwanda after the genocide in that
country, are an example of an adaptation of a traditional justice mechanism which was
incorporated into the formal system of justice. Meaning literally, lawn or on the grass,
the gacaca courts take place outdoors in thousands of locations around the country.
Women were the majority of survivors and witnesses to the violence in Rwanda.
Moreover, rape was used as tactic of genocide in Rwanda, so women‘s participation
and accountability for violence against women was a primary concern in the gacaca
system. Although in the past women were not permitted to serve as gacaca judges, the
government has now required that at least 30 per cent of the judges be female.
The treatment of sexual violence in the Rwandan transitional justice system has been
complex and raised concerns. The government classified sexual violence as a Category
One crime under the gacaca law, along with the other most serious violations, including
planning the genocide. For Category One crimes, initial testimony and evidence is
collected in community gacaca hearings but then prosecution of Category One crimes
takes place in the formal judicial system. Although the formal courts hand down more

severe sentences than gacaca courts, they are slower moving and more difficult for
victims to access, in terms of both travel time and expense.
The gacaca courts did not hear genocide-related rape cases until 2008, when the
government transferred them from conventional courts to gacaca courts. This decision
seriously undermined the original goal of protecting victim privacy and though the
sessions were to be held ―behind closed doors‖ victims believed that because the
judges were members of their community and in some cases related to the accused,
confidentiality was not possible. Importantly, gacaca courts, unlike conventional courts,
do not offer civil damages. Women who participated also noted the corruption evident in
the process, the offering of bribes, the lack of impartiality, and the difficulty in getting
witnesses to appear in a gacaca process. However, some victims appreciated the right
to bring an advocate and a friend to the hearing and the opportunity to see the
communal rooms where their trial would be held ahead of the actual trial. And, some
victims utilized the opportunity to present their allegations in letter form to the court,
which would not have been possible in a conventional court setting.
Adapted from: UNIFEM. 2009. Gacaca and transitional justice in Rwanda and Human
Rights Watch. 2011. Justice Compromised: The Legacy of Rwanda‘s Community-Based
Gacaca Courts.
How do the formal and informal sectors interact?

The formal and informal justice sectors overlap substantially and interact in important
ways. Individuals who seek a remedy for harm may do so in a number of different ways,
and may try several different formal and informal methods of resolution over time
(Wojkowska/UNDP, 2006). This is particularly the case for women confronting violence,
the vast majority of whom may confront problems of access and discrimination in both
the formal and informal justice system. Below are some common ways in which formal
and informal justice systems interact and are linked:
Law and Regulation

Formal and informal justice systems may be linked through law and regulatory
mechanisms. For example, in many countries, informal justice practices are recognized
in the constitution or through legislation. The informal system may not only be
recognized, but may also be regulated by the formal sector. For example, many
constitutional and legal provisions recognizing the informal sector do so only to the
extent that informal sector practices do not violate constitutional provisions or other
fundamental rights protections. For more information see addressing conflicts between
customary and formal laws.
Legal recognition and regulation of informal systems may also lead to the results of
proceedings in the informal sector being registered with the formal sector. For example,
customary marriages would become officially registered, thus allowing the state to
better monitor and prevent child marriages.

Jurisdiction
Formal and informal systems may be linked through division of, as well as overlap in,
jurisdiction, meaning the types of cases they deal with. This designation of jurisdiction
may be established in law or through custom. Even if there is no official law stating
which mechanism can deal with which kinds of cases, civil matters, community-level
cases, and family cases may be addressed by informal mechanisms. Crimes that are
perceived as ―more serious‖ or violations of rights by the state or corporate actors are
often addressed by the formal system.
Violence against women, such as domestic violence, is often erroneously viewed as

―less serious‖ and relegated to the informal sector. Division of jurisdiction can also lead
to gaps that leave women without effective access to justice in any forum. For example,
in the United States for many decades, victims of violence in tribal Native American
communities were often left without recourse to the criminal justice system because of
jurisdictional confusion. Changes in U.S. law have begun to address this problem with
passage of the Tribal Law and Order Act in 2010. Although in very early stages of
implementation, the act allows for tribes to request that the federal government to
exercise jurisdiction over crimes committed on tribal reservation when the tribe feels
that the state is not responding effectively to the crime, a recurrent problem with crimes
of violence against women. A Federal/Tribal Violence Against Women Task Force has
been created. The Act also requires the government to produce a report assessing the
capacities of institutions in tribal areas to respond to sexual assault and domestic
violence and to make recommendations to the national legislature to address capacity
gaps. For more information go to the website of the Tribal Law and Order Resource
Center.
Funding
Formal and informal systems may be linked because their funding may come from the
same source, such as a government ministry. For example, in Kenya, the government
funds the formal state judiciary but, under a constitutional provision, also provides some
funding to the Khadis courts. The Khadis courts are a hybrid justice mechanism for
Kenya‘s Muslim community, though they do not apply sharia law, and were created out
of an agreement at the time of Kenya‘s independence (Wagner, 2010).
Shared funding sources may result in less vigorous performance within the informal
sector. If yearly programme funding is seen to be dependent upon the nature of
relations between the sectors, there may be a reluctance to challenge the efficacy of
formal systems and to press for procedural change.
Procedure
Informal and formal systems may be linked procedurally. For example, many justice
systems create mechanisms by which parties can appeal decisions made by the
informal sector to courts in the formal sector. For example, in Tanzania community-level
arbitration tribunals settle many cases. The tribunals are managed by local officials who

are not part of the judiciary, but decisions may be appealed to the formal courts. The
formal sector also may incorporate procedural characteristics from the informal sector,
such as more public participation and less legalistic procedures, in order to increase
accessibility.
Enforcement
Formal and informal systems may draw on the other‘s power in order to enforce
judgments. For example, formal courts in Canada and elsewhere have drawn on the
threat of community sanction through sentencing circles or mediation models to attempt
to enhance compliance with sentences that do not involve incarceration but may involve
behaviour change and other restorative remedies. Likewise, informal justice systems
often invoke the threat of state intervention in order to enhance compliance with
measures recommended by informal mechanisms. For example, case resolution
practitioners known as Peacemakers within the Navajo Native American tribal
community in the United States may remind offenders of a woman‘s or girl‘s right to
seek a remedy in the formal courts if Peacemaking fails to reach a resolution (Coker,
2006).
Personnel
The same personnel may participate in both informal and formal systems in different, or
even similar, capacities (Clark & Stephens, 2011). Paralegals often play this role, and in
some countries they are being specifically trained to do so. Paralegals often have an
understanding of both the formal and informal systems in a given locality and can
provide a bridge between the two. Government officials may also play important roles in
informal legal systems, from police and judges participating in sentencing circles, to
local administrative officials being included as arbiters in indigenous justice
mechanisms. Or officials may play the same role in both a state-sanctioned informal
justice system as well as a similar parallel system outside of state control. In Tanzania,
where traditional justice mechanisms are longstanding, local level magistrates in the
formal system were required by law to consult village elders on cases in order to
increase legitimacy in the community (Chirayath, 2005).
Choice of forum
The extensive linkages between the formal and informal system may lead individuals to
―shop‖ for justice across sectors in order to find the solution that will meet their needs
based on cost, accessibility, perceived fairness, and available remedies. (UK
Department for International Development, 2004). Individuals may go back and forth
between the two systems, or may progress from very informal mechanisms to highly
structured state-sponsored courts. Although multiple forums may theoretically be
available, many women around the world still have few real options for justice because
of the discrimination they face or because of social or logistical pressures that force
them to use only one of the many forums available. This is particularly the case for
women in some religious or ethnic communities. In Afghanistan for example, women

often have no real options for justice other than traditional mechanisms, such as male-
dominated jirgas. Programmes implemented by UNIFEM (now UN Women) in
partnership with local organizations in Afghanistan attempt to increase women‘s options
by training female paralegals, providing court accompaniment, and providing legal
assistance services. (UNIFEM-Afghanistan, 2008).
What is known about working with the justice sector on

violence against women and girls?
Some information is available about working with the formal justice sector on gender
issues, though less explicitly on violence against women – much also remains to be
evaluated and assessed. Less is known about the informal justice sector and ways that
it can effectively be engaged to end violence against women and girls. However, the
body of knowledge related to engagement with the informal sector is growing.
The research and evaluation literature is most developed in the area of how formal
courts can address domestic violence and sexual assault. Much of this work has been
done in the United States over the past 30 years, and in the U.K. and Australia more
recently, but research from other regions continues to emerge.
Evaluating justice reform initiatives must focus on whether women and girls are
safer and whether perpetrators are held accountable. An important measure of
success is whether or not the human rights of women, as stated in international
agreements such as CEDAW, are upheld (UN Women, 2011). (The international
framework of treaties and standards protecting women‘s rights can be found on the UN
Women website).
Victim‘s assessments of these factors are the most important part of any evaluation.
Measures of success may be increased penalties for violence, reduced reports of
violence, increased consistency of procedures, more collaboration between agencies,
more cases moving through the formal system, and fewer cases moving through the
informal system. Because there are so many ways of evaluating success, results from
across regions and across issues are difficult to compare and draw clear lessons from.
In addition, evaluations often find that programmes have not been implemented as
planned and thus determining whether the planned intervention would have had an
impact is impossible (e.g. Cashmore and Trimboli, 2005; McGrew and Doung, 2010).
Despite these measurement challenges, the literature reflects general agreement on

certain principles of justice sector reform and some important areas of agreement about
specific models of justice delivery. For example, when victims are accompanied by
trained advocates or lawyers as they access the courts, victim experiences improve.
Consistency and reliability in justice sector responses can improve

outcomes for women:
Research suggests that women may use the justice sector as one tool in an array of
resources to cope with and reduce damage from the violence they experience.

 Increasing the consistency of messages and results that victims and perpetrators
receive from justice mechanisms assists women in achieving positive outcomes
in the long term because they can count on a consistent response when they
need it (Kelly, 1989).
 Hearing consistently that women deserve to be safe and that perpetrators will be
subject to sanctions is a powerful role for the justice system to play (Kelly, 1999).
Coordinated community response leads to positive outcomes: Communities

that have implemented coordinated response programmes describe a variety of positive
outcomes including:
 increased coordination and communication,
 increased arrest rates,
 increased use of ―real‖ penalties such as jail or probation,
 increased prosecution rates, reduction of dismissed charges,
 victim follow-through on prosecutions,
 increased prosecution rates, and
 increased victim satisfaction (Holder, 2001).
For example, a coordinated community response programme in the New Zealand city of
Hamilton received very positive evaluations:
 the arrest rate in domestic violence incidents increased by two-thirds, though
compliance with protocols was often low and required persistent monitoring;
 prosecutions generally were successful;
 sentencing of convicted offenders was consistent;
 perpetrators who completed the men‘s programme were positive about it, despite
initial resistance, and referrals to the programme increased by 83% in the second
year, including self-referrals; and
 victims of domestic violence and their children were well-supported,
 victims‘ safety was enhanced; and
 women were very satisfied with the intervention (Stewart, 2005; Robertson and
Busch, 1993; Shepard and Pence, 1999).
Specialized courts and procedures positively change the way cases are
handled: Evidence supports the creation of special courts to handle only cases of
violence against women, specifically domestic violence and sexual assault. For
example, a 2004 study in the UK revealed notable positive results from the use of
specialized courts for domestic violence, including increased:
 effectiveness of court services and support services for victims,
 victim participation and satisfaction, and
 efficiency and better information sharing (Cook et al., 2004).
Even when specialized courts are not created, implementing special measures for
cases of violence against women, such as court procedures designed to move
violence against women case through the system quickly (fast-tracking), have
achieved powerful results.

 In a study in Wales, UK, new court procedures reduced the length of average
domestic violence court processes by half, compared to typical criminal
processes (Robinson, 2003).
 In South Africa, studies on sexual offences courts revealed an average 70%
conviction rate, which is well above the national average. In addition, the
courts were viewed in a positive light by the legal personnel involved, the
families of the survivors, and the survivors themselves. As of 2007, 59 sexual
offences courts were in operation (Kruger and Reyneke, 2008; Sadan et al.,
2001)
 Studies also documented infrastructure improvements, such as equipment to
enable witnesses to testify via video as well as separate waiting rooms.
(Mossman et al, 2009).
The South African experience with specialized courts provides lessons learned about
continuing improvements that can help increase the efficacy of specialized courts
(Mossman et al., 2009; Vetten, 2001; Rasool, 2000):
 Better addressing the needs of victim/survivors – ensuring easily accessible
and culturally appropriate psychosocial support so as to avoid retraumatization.
 Continue to develop capacity – ensuring that there are sufficient trained staff
so that survivors do not have to encounter lengthy delays before their case gets
a hearing.
 Increase reliability and consistency – ensure that judges have sufficient
training and broad experience, so that their decisions on the narrow specialized
docket are credible; develop clear procedural guidelines for officials to promote
consistent and reliable service.
 Insufficient infrastructure – support the allocation of sufficient space at courts
so that separate and secure waiting rooms as well as specially designated court
rooms can be set aside.
It is important to be aware of some of the potential for abuse of specialized courts. In

some countries, specialized courts have been used to discriminate against women by
relegating female judges to work only in specialized family courts and disallowing them
from working in other parts of the judicial system. For more on specialized courts, see
the Legislation section.
Specialized prosecutors can reduce barriers to justice: Designating particular

individuals to handle violence against women prosecutions, or training a team of
prosecutors on the special dynamics of cases also has proven effective in some cases
(Cossins, 2007; Walker and Louw, 2003). Prosecutors may delay processes and
hamper access to justice for women and girls when not appropriately trained regarding
effective prosecution strategies for cases of violence against women.
 An evaluation of a programme in Wales, UK for example, demonstrated positive
outcomes when prosecutors were trained in new protocols for domestic violence
cases and were trained to work closely with a women‘s support and advocacy
centre (Robinson, 2003).

 Research from the United States is more equivocal, showing that sexual assault
charging decisions between specialized and non-specialized prosecutors
divisions were basically identical (Beichner and Spohn 2005).
 The same U.S. study found that although there were differences in departmental
policies and rates of plea bargaining and trials between the specialized and non-
specialized unit, victim credibility was the real ―focal concern‖ of the prosecutor in
sexual assault cases.
For more on specialized prosecutors, see establishing special prosecutor units, and the
Legislation section.
Victim advocate programmes can reduce violence and support follow-

through:
 Matching victims with advocates to support them through the process of seeking
justice and safety has been shown to increase follow-through on prosecutions
and to reduce the amount of future violence in the lives of women who had left
abusive relationships (Sullivan and Bybee, 1999; Goodman Bennett and Dutton,
1999).
 Victim advocate programmes also have been shown to be effective in supporting
victims of sexual assault, specifically by reducing the number of case
withdrawals, and as a part of integrated victim support centres (Lovett et al.
2004).
For more on victim advocate programmes, see establish dedicated court-affiliated
centres for women and girl survivors of violence.
Training and capacity development can change practices: Training on how to

effectively incorporate women‘s rights into justice processes has proven effective in
some settings.
 An evaluation of a capacity-building programme in Indonesia that provided civil
society groups, justice sector personnel, and local communities with a guidebook
and matrix comparing formal and informal legal principles related to fair treatment
of women documented widespread use of the materials and reference to the
provisions therein (Harper/IDLO, 2010).
 Training for judges on instruments that protect women‘s human rights has
resulted in the citation of those human rights documents in judicial opinions
among trainees (IAWJ, 2010).
 Increasing the capacity of local level mechanisms in Cambodia to provide
alternative case resolution while also providing community education on women‘s
rights led to high levels of participant satisfaction (McGrew and Doung, 2010).
For more detailed information, see the section on training.
Restorative justice programmes remain controversial:

Much of the analysis of restorative justice for cases of violence against women has
been conducted in relation to Canadian programmes. Canadian restorative justice
mechanisms include sentencing circles and victim-offender mediation, for example. But

there have been no systematic evaluations of most of the types of restorative
mechanisms in use there. Many restorative programmes for violence against women
have been difficult to evaluate because of the small number of cases. See also the
special box on the dangers of restorative justice in cases of violence against women.
Victim-offender mediation:
Research related to mediation where there has been intimate violence within the
relationship is largely negative (Cameron, 2005). There is a significant body of literature
that indicates women in these circumstances are likely to be re-victimized,
intimidated, and abused by the men they are in mediation with (e.g. Kreiger, 2002; ver
Steegh, 2003). See also the section on dangers of mediation in cases of violence
against women for more information.

GUIDING PRINCIPLES
Base programmes on internationally recognized human rights principles
Human rights principles are enshrined in treaties and conventions, as well as guidelines
and standards based on broad international consultation and consensus. Governments
must take measures to protect women from violence, to prosecute acts of violence, and
to prevent further acts of violence. If a state fails to act, it is responsible under the
international agreements which proclaim women‘s human rights. This is the foundation
for evaluation of all justice sector mechanisms. Organizations should observe
international standards of women’s human rights for engagement with justice
sector mechanisms, formal or informal, that cannot be compromised. This
baseline dictates that (1) no one should be subject to discrimination on the basis of sex
or other status (such as, race/ethnicity, income level, urban or rural residence, sexual
orientation, ability, and so forth) by any justice mechanism; and that (2) physical
punishments such as beatings or stonings must be prohibited.
In cases of violence against women, another baseline requirement for justice

mechanisms is that women‘s safety and the safety of their children, as well as
perpetrator accountability, must be the primary conditions for interaction with either
formal or informal systems of justice. Justice sector reform efforts should focus on
continually reminding the state of its responsibility to proactively promote and
protect the human rights of women and girls.
Prioritize the physical and psychological safety of women and girls

Many survivors do not report violence for fear of further violence by the perpetrator, their
family, or the community and because of the harmful stigmas wrongfully attached to
experiences of violence. The justice sector should work to enhance survivor safety at all
stages through development of safety and confidentiality protocols for formal and
informal sector personnel, use of risk-assessment guides (in particular for perpetrator
programmes), design of secure spaces for women and girl survivors to report abuse
and obtain support, and provision of free legal assistance to survivors so as to facilitate
access to justice.
End impunity for perpetrators of violence

Perpetrators, and leaders who order, ignore, encourage, or acquiesce in violent acts,
should be swiftly held accountable for all acts of violence. Justice sector reform should
focus on determining who is in the best position to give meaningful consequences for
perpetrators of violence. Most often this will be the formal justice sector, through use of
criminal penalties. In some cases, such as eliminating harmful traditional practices,
community-based sanctions and normative changes may be effective. Programming
should convey a message of zero tolerance for violence. Care must be taken to ensure
that such programming is not directed solely at women and girls, but contains specific
elements designed to help young men understand that cultural change needs to occur if
the cycle of violence is to be broken. See Men and Boys module. When domestic
accountability is impractical or impossible, regional, hybrid, or international
accountability mechanisms should be considered.

Demonstrate and encourage a norm of respect for survivors
Survivors often are ignored, dismissed, or disbelieved by justice system actors.
Programmes focused on changing this paradigm should first ensure that their own work
is designed to be respectful of survivors‘ experiences by including survivors in
programme design, implementation, monitoring, and evaluation. Survivors should be
treated with courtesy, respect, and particular sensitivity to the trauma they have
experienced. Encouraging justice mechanisms to enhance security, privacy, and
advocacy and support services for survivors (such as court accompaniment) can be
important ways to demonstrate a norm of respect and caring for survivors. Also,
programs will be more effective if survivors are included in planning and design in a
respectful way. Justice systems should also be encouraged to understand the gendered
nature of crimes of violence against women, by providing training and education that
places these crimes in the context of women‘s roles in society and discrimination
against women generally.
Adopt a holistic strategy for reform

Effective justice sector reform requires collaboration between an array of stakeholders,
including the judiciary, ministry of justice, traditional and customary systems, parliament,
prosecution and investigative authorities (including the police), health professionals
(especially those responsible for forensic evidence collection and medical
documentation of injuries), lawyers associations, legal assistance, corrections/prisons,
other ministries including the ministry of the interior and women‘s ministries, law
schools, civil society organizations, including women‘s groups, religious groups, and
non-governmental organizations. Strategies for reform should reflect an awareness of
comprehensive access to justice issues, including how changing norms (law, policies,
customs, and traditions), increasing the capacities and knowledge of users of the
system, increasing the capacities and knowledge of functionaries of the system, and
changing the ways in which key structures operate all can contribute to improving
access. See the Programme Planning and Design section for more information on
capacity development. A holistic approach that addresses physical access, such as
establishing courts in rural areas or developing mobile courts that travel to remote areas
on a regular schedule, financial access such as eliminating all costs and fees for cases
involving violence against women, and the likelihood of access to the justice system,
such as ensuring that women know their rights, should inform programming.
Understand and address concerns about mediation and restorative justice

The UN Handbook for Legislation on Violence Against Women recommends that laws
prohibit mediation in cases of violence against women. Nevertheless, mediation is used
in many cases of violence against women in countries around the world. Mediation can
be extremely problematic and indeed dangerous in cases of violence against
women, because it is predicated on parties with equal negotiating power, which is
often not the case in situations of violence against women and girls. Similar
concerns apply to the use of restorative practices, which can minimize the effect

that violence has in women’s lives, can perpetuate discrimination, and can risk
women and girls giving up their individual rights so as to preserve harmony
within a social group.
Use monitoring and evaluation to inform programme design and

implementation
Given the complexity of the justice sector, regular monitoring to assess how systems,
policies, laws, and processes can be improved is important. Monitoring and evaluation
should feed back into programming on a regular basis and should be designed to
ensure that programmes are having the desired impact without introducing unintended
negative consequences for women.
Example: A Canadian project currently underway in three provinces (Ontario, British

Columbia and Hew Brunswick) convenes Domestic Homicide/Fatality Review
Committees when an individual case results in death. Reports are published annually
and there is solid evidence that these careful examinations of what went wrong or what
supports were inadequate is having a positive impact on system-wide reform. Download
the 2009 report from Ontario in English or French. Click here for more on monitoring
and evaluation.

OVERVIEW OF STRATEGIES
The time, resources, and creativity necessary to address access to justice for women
and girls who are seeking redress for violence cannot be underestimated. There are
several overarching types of reform activities that are used in justice sector reform
initiatives whether in the formal or informal sector, including law reform, improved
service delivery and access, training and capacity development, education and
awareness-raising, and oversight and monitoring.
Law Reform
 Constitutional reform
 Changing formal legislation or customary laws
 Promulgation of new procedural rules or regulations
For detailed information on drafting, passing, and implementing laws on violence

against women see the Legislation section.
Service Delivery and Access

 Court accompaniment programmes involving trained advocates to assist victims
in accessing courts
 Increased training of and use of paralegal personnel to assist victims and to
navigate between formal and informal sectors
 Traveling courts to reach rural areas
 Development of or increased support for legal assistance, including immigration
support, pre and post court assistance, networking with civil society organizations
(CSO), childcare support, witness protection, counseling, shelter, and access to
healthcare, for example
 Specialized courts for violence against women and girls
 Fee waivers and reductions
 Translation services and staff that are knowledgeable/sensitized to diverse
populations and gender violence issues.
Training and Capacity Development

 Training for judges, prosecutors, and informal sector actors about dynamics of
violence against women and how it differs from other crimes that are not based
on gender
 Technical assistance, consultation, and training for justice sector actors on
effective protection and resolution of VAW cases
 Training for informal sector actors about laws and process in the formal sector
and vice versa
 Introducing law students to informal justice systems
 Increasing technical, managerial, financial, and administrative skills of civil
society groups that interact with formal and informal sector

 Training paralegals on how and when to bridge the formal and informal sectors
 Developing infrastructure and record-keeping capacity
 Developing adequate capacity to provide the requisite follow-up supports
Education and Awareness-raising

 Rights-based education for women, girls, and other community members
 Literacy and legal empowerment training for women and key local actors in
formal or informal sector, e.g. justices of the peace (UN Women, 2011).
 Increasing availability of information about formal justice sector options for
violence against women and girls
Oversight and Monitoring

 Establishing specific national or regional bodies, such as gender ombudsman
offices, national equality councils, working groups on gender, or ministries of
gender and family to monitor and report on gender issues in the justice sector
 National or regional collaboration of civil society groups to work as an
observatory on the justice sector response to violence against women
 Engaging international partners to assist in monitoring justice sector response to
violence against women and to raise the profile of critical issues on the
international stage
 Training survivors and other women to carry out monitoring of informal and
formal sector mechanisms
 Promoting an increase of targeted research on the justice sector, particularly
regarding the informal justice sector
Example: In Latin America, a number of human rights ombudsmen offices at the

national and provincial levels monitor and accept complaints against the state related to
violence against women. For a list of these offices, see the Inter-American Institute of
Human Rights Website.

FORMAL SECTOR
PROGRAMME PLANNING AND DESIGN

This section provides information about planning and designing a programme aimed at
reforming the justice sector to improve its response to violence against women. It is
essential to work through a programme planning and design process before instituting
any reform effort. Programme planning and design will help practitioners:
 Gain a complete picture of the problem to be solved, its causes and effects, and
how it is related to other issues;
 Develop clear goals and objectives by which to chart progress;
 Accurately estimate the time and resources that will be needed to achieve
objectives;
 Bring partners to the process so as to ensure participation and buy-in from all key
stakeholders; and
 Develop a monitoring and evaluation plan to continually improve and document
the successes and challenges associated with the work.
This section describes several steps in a programme planning and design process.
 Step 1: Conduct an Appraisal
 Step 2: Define and Prioritize Goals
 Step 3. Plan for Participation and Partnerships
 Step 4: Select A Strategy or Strategies
 Step 5: Incorporate Monitoring and Evaluation
 Step 6: Develop a Workplan and Budget
The steps need not be carried out in exactly the order that they are presented, indeed
generally these steps will not be linear but will operate in a feedback loop as the
programme develops and new issues emerge. These processes may operate
simultaneously or planners may revisit a specific process or tool as programme ideas
develop and are solidified. It will also be important for programme planners to consider
other key issues as the programme is planned and developed (Fitzgerald, 2011), such
as:
 scope planning and definition (who ultimately decides what the program will
and won‘t do?)
 quality planning, control, and assurance (how will the program meet
standards?)
 risk identification, assessment, planning, and response (how will the
program get through or around dangers to success?)
 communications (how will the program give the right information to the right
people?)
 cost and schedule control (how will the program avoid going over budget and
over time?), and
 change control (how will the program adapt to changed circumstances?)

FORMAL SECTOR
Step 1: Conduct an Appraisal

One of the first steps in any justice sector reform initiative should be a situational
appraisal, sometimes called a needs assessment. General information on needs
assessments/situational appraisals is available in the Programming Essentials section.
A situational appraisal is focused on understanding the causes and consequences of
the problem. It also documents the relationship of the problem to other issues, reveals
important stakeholders, and identifies the specific human rights concerns involved.
There are multiple ways to conduct a situational appraisal, depending on the context,
the resources and time available, and the scope of the problem under consideration.
Each method can reveal different types of information and will be more or less useful
with different audiences. Selecting a combination of tools that will provide overlapping
information is important to ensure that your appraisal is as accurate as possible. When
multiple methods of information gathering all reveal the same problem, same causes,
and same effects, programme implementers and advocates are in a good position to
better define their strategies and to make the case to stakeholders, including
government partners and funders, as to the efficacy and importance of this work.
What kind of information should be gathered?
The purpose of an appraisal is to gather as much useful information as possible to

assist with planning an effective programme. Appraisals should gather information
about:
 Legal framework, including national, regional, and international laws and
standards;
 Access to justice concerns, including physical access, financial access and
likelihood of access (i.e. social norms and gender dynamics);
 The justice mechanism‘s handling of violence against women cases (see
questions below related to common indicators);
 Other actors operating in the justice sector, including the government, community
groups, non-governmental and intergovernmental organizations, as well as
donors; specifically examining opportunities for collaboration and possible
duplication of effort (see Partnerships and Networks below);
 Political climate related to women‘s rights and justice, including allies and
potential spoilers (see Stakeholder and SWOT analysis below); and
 Organizational capacities (see Capacity Inventory tool below).
Appraisals should specifically examine how violence against women is handled in both
the formal and informal justice sector. Questions will need to be adapted based on the
type of violence being examined (i.e. domestic violence, sexual assault, trafficking,
FGM/C):
 How many cases of violence against women are seen in the system? How does
the number of cases of VAW compare to the total cases in the system?
 What percentage of crimes are reported? What percentage of reported crimes
are investigated and prosecuted? What percentage of cases end in conviction?

FORMAL SECTOR
 Are decision-makers and practitioners aware of the national laws, local customs,
and/or regulations that apply to cases of violence against women? Do they
apply/comply with these laws and/or customs in cases that come before them?
Why or why not?
 Can practitioners identify international human rights protections related to
violence against women that apply in their country? Do they refer to those
standards in cases that come before them?
 Can practitioners describe the procedures they use, or the policies they follow
when handling a case of violence against women?
 How many system practitioners have been trained specifically on handling cases
of violence against women? What has been the content of the training? How
have actors in the formal and informal system reacted to these trainings?
 Does a referral network exist for cases of violence against women that are
brought to the justice sector?
 What are women‘s perceptions of the formal and informal systems‘ handling of
cases of violence against women, such as domestic violence?
 How do women seek help when they attempt to use the justice system?
Other general types of information to be gathered during an appraisal might include

(UNDP, 2004):
 How independent is the judiciary? What is the legal and political balance of
power between the judiciary and the executive? What is the size of the budget of
the Justice Ministry? Is there an independent judicial organ to determine
expenditure, appointments, promotions, demotions, and removal of judges? How
stable are the positions of the judiciary and the clerical staff in the judicial
system? Is the staff dependent on the Ministry of Justice, or other ministries?
 Are there accountability mechanisms within the judiciary and other parts of the
justice system (e.g. lawyers, prosecution, police)? How effective are these?
 What is the situation of judicial training institutions and of legal education in
general?
 What is the level of awareness of the justice system and legal remedies by the
public, particularly by the poor and other vulnerable groups? Is there an existing
public legal education and awareness programme?
 What factors prevent poor and other disadvantaged people from accessing the
judicial system? Is the proposed programme addressing any of these factors?
 What risks and costs are incurred in accessing justice?
 Is there a purely formal justice system or does an informal justice system also
exist? If so, what is the scope and jurisdiction of informal means of case
resolution? What is the relationship between informal and formal justice?
 Is there a legal aid system in place? If so, what kinds of law and justice issues
does it cover?
 What is the degree of financial support/resources devoted to the system? Is there
a good balance of support to legal aid coming from both the state and civil
society? Are legal aid services available in different parts of the country,
particularly in the rural areas?

FORMAL SECTOR
 Are there national human rights institutions? Are there remedies available for
citizens affected by corruption or non-compliance with government policies?
What mechanisms are available to citizens to make the police and prison officials
accountable? Are there national, or sub-national bodies addressing
discrimination? To what extent does anti-discrimination legislation, if any, reflect
international standards?
 Is there a sector of civil society, directly involved in access to justice, legal aid,
justice monitoring, and judicial reform?
 How are resources allocated within the justice sector? Is there a fair balance in
the human and financial resources allocated to each of the levels and branches
of the court system and to the different components (e.g. judiciary, public
defense, prosecution, police, prisons) of the justice system?
 If corruption is endemic in the country, has the judiciary demonstrated a
willingness to combat corruption within its own ranks, to promote new anti-
corruption legislation, and/or to use existing legislation to eliminate corrupt
practices?
 Do the political actors at the highest level, Justice Ministry senior officials, and
Senior Justices actually want reform? Do the Home and Justice Departments
cooperate with the criminal justice system? If not, have any steps been taken
toward reform?
 What is the perception among civil society and the media of the executive‘s
willingness to reform? What is the general perception among the international
community of the nation‘s democratic reforms?
Informal Sector Appraisal Questions: The informal sector has some unique
characteristics so the following questions should be considered as part of an appraisal
or assessment of the informal sector.
A. Who controls access to the informal justice process?

 State
 Community
 Survivor
 Religious authority
 Traditional authority (e.g. village elder or chief)
 Other?
Explain how each of the above relates to the informal justice process:
________________________________________________________
B. Who participates in the informal justice process? What roles do they play?
 Women
 Men
 Survivor
 Offender
 Public
 State officials
 Community leaders

FORMAL SECTOR
________________________________________________________
C. Who controls whether the informal justice process moves forward, the survivor,
the offender, the state, or someone else?
D. Who is allowed access to this mechanism?

 Specific ethnicity/tribe/religion only?
 Adults
 Juveniles
 Men
 Women
E. Who monitors/enforces the outcomes?
F. Who can monitor the process?
G. Who funds the process?
H. Under what authority does the process operate?

 Secular law (Constitutional, Civil, Criminal, etc.)
 Religious law
 State-sanction other than legislation
 Tradition
 Community agreement
________________________________________________________
I. How do changes take place within this justice mechanism? E.g. consensus,
community-driven, solely determined by traditional leadership?
Practitioners should also consider these issues, especially if comparing the formal and
informal sector (Penal Reform International, 2000):
 What are the major concerns of women, girls, and the community in relation
to safety and security?
 What are the possible causes of these concerns?
 How do such concerns affect the whole or sections of the community?
 In what ways are cases normally dealt with?
 To what degree do the local police become involved?
 How satisfied are people with the response of the police?
 To what extent have formal courts been used? By whom? Involving what kind
of cases?
 How satisfied are people with the way in which cases are dealt with under the
formal system, for example, in terms of procedure and penalties, or the fact
that cases are decided by a judge from outside the community?

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 What constraints exist in using the formal courts? How could these be
overcome?
 To what extent would use of formal courts increase if they were more
accessible?
 Are people satisfied with the informal justice system? What are the reasons
for their satisfaction or lack of it?
 Which aspects could be improved? How?
 How many cases are decided by the informal justice forum?
 What kinds of cases are heard?
 What is the procedure?
 How are the ―arbitrators‖ or decision-makers mandated by the community?
 Is there any opportunity to change the arbitrators?
 What is the degree of support for the current arbitrators?
 What types of solutions or penalties are used? Are they appropriate?
 Are any records kept? Why are they kept, or not?
 Can a party refuse to attend, walk out, or refuse to abide by an agreement?
Has this ever occurred? What was the outcome?
 In which ways and to what extent does the general public participate?
 Is the participation of women, children, and other groups sufficient and fair?
 How are women, children, and other minority status groups dealt with under
the informal system? How should they be treated?
 What is the attitude towards the rights of women, children, and other groups?
 What aspects of the justice system have changed over time? What are the
possible reasons for these changes?
Gathering Data on Indigenous Peoples – Special Considerations
When gathering information about indigenous justice mechanisms and indigenous

women‘s access to justice, the following questions developed by the International
Indigenous Women‘s Forum (FIMI), should be considered:
 To what extent are collective rights (rights that inhere in the group, instead of with
the individual) respected, protected, and fulfilled?
 Has the government committed itself to implementing the Declaration on the Rights
of Indigenous Peoples?
 Do Indigenous Peoples govern their own territories, control their own natural
resources, and enjoy food sovereignty?
 Do government policies respect the dignity of Indigenous women and their Peoples
and avoid all forms of physical and structural violence against the bodies, homes,
communities, and Peoples of Indigenous women?
 Do Indigenous women and their families have geographic, economic, and cultural
access to government services such as: free, high-quality intercultural education in
their own language; women healthcare providers that speak their language; water,
sanitation, housing, and transportation; and processes of justice informed by
intercultural and gender perspectives?

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 Are resources devoted to the development of analytical paradigms, research

methodologies, and training programmes that can enable relevant and useful
disaggregated data to be collected from Indigenous women?
 Are economic and development policies implemented in compliance with the
principle of free, prior, and informed consent?
 Is the military deployed within Indigenous territories?
 To what extent do women enjoy a positive Indigenous identity versus feelings of
shame, inferiority, and internalized racism and sexism?
 Do Indigenous women locate themselves within a historical trajectory (i.e., in relation
to past and future generations of their Peoples)?
 Do Indigenous women perceive their lives in relation to the ecosystems in which
they live?
[Editor‘s note: The primary consideration for all women should be whether their human
rights, including their fundamental right to be free from violence, are upheld.]
Source: International Indigenous Women‘s Forum (FIMI). 2006. Indigenous Women

Stand Against Violence: A Companion Report to the United Nations Secretary-
General’s Study on Violence Against Women.
Tools for Assessment and System Appraisal
 Checklists for Assessing the Formal Justice System Response to VAW

(Battered Women‘s Justice Project, 1998). Available in English.
 Prosecution Response
 Court System Response
 Civil Justice System Response
 Reproductive Health Response in Conflict (RHRC) Consortium Gender-based
Violence Tools Manual
 Gender in the Criminal Justice System Assessment Toolkit (UN Office on

Drugs and Crime, 2010). Available in English.
 Criminal Justice System Assessment Toolkits (UN Office on Drugs and

Crime, 2011): Although not specifically focused on issues of violence against
women, these toolkits provide helpful guidance on general assessment strategies
for examining whether the public can access criminal justice. Toolkits available in
English, French, Russian and Spanish.
 The Courts
 Independence, Impartiality and Integrity of the Judiciary
 Prosecution
 Legal Defense and Legal Assistance
 Victims and Witnesses

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 Toolkit to Combat Trafficking in Persons (UN Office on Drugs and Crime,

2008). See the criminal justice assessment tool #2.5 on page 47. Available in
English. See the website to download in sections.
What methods can be used to gather appraisal information?
 Review of available documentation – most formal and some informal justice

mechanisms have record keeping systems that produce a paper trail that may be
reviewed to assess how cases of violence against women have been handled.
Review of reports by other entities, such as partner non-governmental
organizations, as well as media reports can also provide valuable information for
an appraisal. For example, see USAID‘s Egypt Violence Against Women Study,
which is a literature review that summarizes and analyzes existing
documentation.
 Community meetings – holding small-group or community-wide meetings can

be an important way to gather information about broad perceptions of justice
issues, but it is important to remember that group opinion can be much different
than the opinion and information that emerges from in-depth, one-on-one
discussions with survivors and stakeholders.
 Interviews – an appraisal should include interviews with survivors, other

stakeholders, judges/leaders/decision-makers, non-governmental organization
workers and other civil society representatives, and state actors who supervise or
interact regularly with the formal or informal system.
 Observation – taking the time to watch processes unfold as an uninvolved

observer can provide important information that may otherwise be missed by
parties who are deeply involved in a particular issue. Observational data can also
include photographs or video that can be used later for advocacy, training, or
public awareness campaigns. Observation should always be carried out with
ethical standards for research on violence against women in mind, and should
protect the confidentiality of all parties.
South Africa – Tracking Justice Project
The Tshwaranang Legal Advocacy Centre undertook one of the largest studies ever
conducted tracking rape cases through the criminal justice system. The Tracking Justice
study used random sampling to select a representative sample of cases from the nearly
12,000 rape cases reported to police in Gauteng Province in 2003. Case records were
then obtained from the police, magistrates‘ courts, district courts, and high courts on the
sampled cases. Only closed cases were used in the study.

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Multiple data collection instruments were used in the study. The first data sheet
recorded information from the police docket and was abstracted by a team of trained
fieldworkers. Another data sheet was developed by a legal professional and legal
researcher and was used to record information about those cases that went to court. If
cases did not proceed to arrest and then trial, information was gathered on reasons for
non-progression. The data sheet contained both closed and open questions. Closed
questions were used for items where the range of responses was well defined, such as
age, language, occupation, dates or where there were a limited range of likely
responses e.g. use of weapons. Open questions were used for items such as
circumstances of the rape, instructions given during the rape and actions taken
afterwards.
Of the 2,064 cases in the study, half resulted in arrests (50.5%) but only 42.8% were
charged in court. Trials commenced in less than one in five cases (17.3%). A conviction
for any crime resulted in just over 1 in 20 (6.2%) cases. However, some of these
convictions were for lesser charges so overall only 4.1% of cases reported as rape
resulted in convictions for rape. 15.6% of rape convictions received less than the
mandated 10 years minimum sentence. The other prescribed sentence for rape, life
imprisonment, was very rarely observed. Thirty-four men (or 41%) convicted of rape
were eligible for life imprisonment. This was handed down in only three cases.
The Tracking Justice study has been used for advocacy and education in multiple ways.
Tshwaranang conducts training for forensic professionals, community advocates and
others, using data from the study. Data has influenced government policy, specifically
police practices, and the organization was asked to participate in the government‘s
criminal justice policy review process. Finally, the data regularly informs litigation
through amicus briefs in related cases.
Despite the powerful results obtained through this research, the principal investigator in
the study notes that it remains difficult to push ahead with reform because the process
is fundamentally dependent on political will. Even if training is conducted, systems must
be put into place through political processes that allow individuals to act on their
training. Reform of policies and national plans depends on political actors, and when
those actors change, reform processes may come to a halt. In addition, funding to
continue to track the impact of baseline research such as this has been difficult to
obtain.
To find out more about Tshwaranang‘s research and advocacy on violence against
women, including media articles, research reports, submissions government, policy
briefs, and legal analysis to support court cases, visit their publications page.
Sources: Vetten et al. 2008; Interview with Lisa Vetten, January 2011.

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The following are some specific methods that can be used in an appraisal process,
either in combination or alone. Other methods for information gathering are discussed
throughout this section.
 Domestic Violence Safety Audits
 Surveys
 Focus Groups
 Key informant interviews
 Court monitoring
 Human rights monitoring
Safety Audits
Safety Auditing is a tool developed by US-based Praxis International focused on the
formal justice system response to domestic violence. An audit is a systematic review of
policies, procedures, and practices. Safety Audits assess whether women‘s safety is
actually promoted by the justice system policies and procedures designed for that
purpose. A safety audit is conducted by a multidisciplinary team drawn from the
institutions/systems being audited that examines whether work routines and ways of
doing business strengthen or impede safety for survivors. The audit team reviews all
aspects of an interagency response to violence and looks for gaps that may create
safety risks for survivors. The audit is focused on understanding how 1) a survivor
becomes a legal ‗case‘; 2) responses to that case are organized and coordinated within
and across intervening agencies; and 3) risk factors and safety vary for each individual
survivor. The audit team conducts interviews, observational research, and reviews the
paper trail created as systems respond to victims. Analysis then focuses on how risks
for women result from the systems that are in place and how those risks can be
eliminated. This process provides critical feedback into the community response to
cases of violence against women. Many resources including overviews, videos and
testimonials are available from the Praxis International Safety Audit Resources Page.
Templates, illustrations, and worksheets outline the Safety Audit‘s philosophical
underpinnings, clarify the data collection steps and methodologies, and provide a
knowledge base for the team‘s work.
 See the video.
The result of a Safety Audit generally is an extensive report, such as the St. Paul
Blueprint for Safety. More discussion of the Blueprint for Safety can be found in the
Legislation module. Graphic representation of gaps in the justice system that can
negatively impact women‘s and girls‘ safety are also helpful outputs from the auditing
process such as this graphic from a safety audit in the US state of Colorado.

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Note: DA is the acronym for District Attorney.

Source: 2007. El Paso County, Colorado Institutional Safety and Accountability Audit
Report, p.27.
Surveys
Surveys can provide important information as part of an appraisal. Surveys can be
relatively simple or highly complex. Regardless of size and complexity, surveys ask the
same pre-determined set of questions of all participants. Surveys can collect both
quantitative (numeric) and qualitative (narrative) information. Surveys can be mailed out
to participants, sent via email or made available on a website, distributed at events, or
administered face-to-face or via phone if resources and the context allow. Formal

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survey research can be quite expensive and time consuming, but if an organization has
a defined, manageable group of people (for example all judges in a particular province)
from which it wants to gather information, a survey can be cost effective. Organizations
may want to partner with a university or other experienced researchers to get advice
about conducting a survey. Click on the link to view a sample survey instrument that
was used as part of an appraisal related to reform on violence against women in Santa
Clara County, USA, Stakeholder Readiness Instrument, at Appendix 1.
It is also useful to draw on existing survey data for an appraisal. The International
Violence Against Women Survey examined data from Australia, Costa Rica, the Czech
Republic, Denmark, Greece, Hong Kong, Italy, Mozambique, the Philippines, Poland,
and Switzerland and assessed:
 Prevalence and severity of violence
 Impact and consequences of violence for women
 Factors that are correlated with increased or decreased violence
 Experiences of disclosure of violence to police and others
The World Justice Project Rule of Law Index examines 35 countries worldwide and
includes measurement related to four principles including:
 The government and its officials and agents are accountable under the law;
 The laws are clear, publicized, stable, and fair, and protect fundamental rights,
including the security of persons and property;
 The process by which the laws are enacted, administered, and enforced is
accessible, fair, and efficient;
 Access to justice is provided by competent, independent, and ethical
adjudicators, attorneys or representatives, and judicial officers who are of
sufficient number, have adequate resources, and reflect the makeup of the
communities they serve.
The survey breaks these principles into 10 key factors, one of which focuses on informal
justice systems.
The Arab Regional Resource Center on Violence against Women also gathers data and
material on violence against women to help policy makers. The website is available in
Arabic.
 Surveying Justice: a Practical Guide to Household Surveys (World Bank,

2010). This guide aims to be a practical starting point for justice practitioners
interested in survey design, as well as survey researchers interested in
incorporating justice questions into their work. It provides guidance on designing
a survey, suggested topics and questions, and ideas to facilitate a constructive
engagement in discussions around justice in development practice. Available in
English.

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Cambodia – Survey Data Reveals Need for Change in Programming Strategy

A Cambodian example demonstrates how data can reveal that programming
assumptions have been incorrect. A large-scale, highly complex survey on violence
against women in Cambodia was conducted in 2005 with the support of multiple
international donor agencies. The study revealed that despite almost a decade of
intensive work by multiple donor agencies and non-governmental organizations, the
prevalence of domestic violence in particular had not declined. Through detailed
examination of results of questions that asked Cambodians about attitudes, beliefs, and
behaviours related to domestic violence, agencies working on the issue came to the
conclusion that they needed to change strategy. Much programming had been focused
on rights-based education for women, but the survey revealed that social attitudes in
Cambodia justified men being violent to their wives when their wives challenged their
behaviour. It became clear that educating women about their rights and strategies for
resisting violence could be disastrous if education for men about gender equality was
not also included in the programming strategy. Past programmes had also focused on
sending the message that domestic violence is a crime, but the survey revealed that
there was virtually no enforcement action taken against men who were violent and that
the vast majority of Cambodians had no access to formal courts. Thus, promoting the
message that violence was criminal behaviour did not reflect reality. Importantly, the
lack of law enforcement was found to be a major influence on men‘s attitudes. The
survey data was critical in revealing that programming strategies in the Cambodian
context would need to change.
In 2009, a follow-up survey revealed that perceptions by Cambodians about the

acceptability of domestic violence appear to be changing – fewer survey respondents
felt that certain forms of violence were acceptable. Notably, these attitude shifts were
also reflected amongst local authorities and police. However, reporting of some forms of
violence increased* and half of respondents still believed that violence was an
acceptable response to women arguing with husbands, not obeying, or not showing
disrespect.
*It is not known whether the increase in reporting is due to a greater number of women
feeling comfortable to disclose or whether there was a true increase in experiences of
abuse.
Sources: Ministry of Women‘s Affairs. 2005. Violence Against Women: A Baseline

Survey: Cambodia; Morrison. 2009. Assessing Behaviours and Attitudes Related to
Violence Against Women, Indochina Research Limited.
Focus Groups
The focus group is a specific methodology best-suited to assess social attitudes and
influences that impact people‘s behaviour. It is particularly helpful in getting information
related to a problem about which little is known, testing communication or educational
messages, or gathering information about how a group might react to a given strategy.

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Focus groups often reveal social norms and shared opinions and can help provide a
basis to develop survey questions or in-depth interview guides.
Focus groups work best when they are designed to include small groups of people who
share similar characteristics (e.g. women of the same age from the same community
who have tried to use the formal courts or paralegals who work on violence against
women in a particular community). Participants are invited to attend and the size is
limited to about 8-10 people. Conducting multiple groups with different characteristics,
but which are focused on the same topic, will help generate more useful data.
The idea behind a focus group is to generate a conversation around a particular issue
and to gage the attitudes of participants. Focus groups generally should be facilitated by
someone experienced with the methodology. Focus group questions should flow from
the general to the more specific and the facilitator should encourage participants to
share stories, opinions, and reactions, in a relaxed environment. Focus groups require
that the conversation is audio recorded for later analysis, or that there are one to two
note-takers to document questions and answers. Other forms of information such as
body language, silences, and general demeanor of participants in relation to questions
or statements should also be documented. Focus groups are not the best method to
elicit facts, individual knowledge of content, or individual opinions. Rather, focus groups
generate anecdotes, information about patterns, and general insights into prevailing
norms or attitudes.
Namibia – Focus Groups Shed Light on Rape Case Withdrawal

In Namibia, the Legal Assistance Centre used focus groups in combination with other
methods to elicit information about the top ten reasons that women withdraw rape
complaints. In each of the focus groups for the Legal Assistance Centre study,
moderators asked participants to create a list of the ten reasons that women in their
community withdrew rape cases. Although the majority of the women in the focus
groups had not been victims of rape, many knew someone who had and thus could
provide valuable insight into the factors women consider when filing and withdrawing a
rape complaint.
Source: Legal Assistance Centre. 2008. Withdrawn: Why Complainants withdraw rape
cases in Namibia.
 Mobilising Communities to Prevent Domestic Violence: A Resource Guide

for Organisations in East and Southern Africa (Raising Voices, 2003).
Available in English. Instructions on how to conduct focus groups, how to prepare
facilitators and note takers, as well as how to analyze focus group data are
available at pages 33-35.
For additional information on assessment tools, see the Needs Assessment and
Formative Research section of the general Monitoring and Evaluation section.
Sample Focus Group Guide (Foundation for Human Rights Initiative, 2009)

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BASELINE SURVEY GUIDE FOR FOCUS GROUP DISCUSSIONS

Kiboga District, Uganda, 19th - 25th April, 2009
1. What do you understand by the term gender based violence (GBV)?

2. What are the causes of GBV against women and children in your home/community?
3. What are the various forms of GBV against women and children in your community?
4. Who are the main perpetrators of GBV against women and children in your
community?
5. What impact has GBV against women and children had on both the victims and the
community as a whole?
6. How many cases of GBV against women and children are reported in your
community?
7. What recommendations would you make to ensure that victims of GBV are protected
from further violence (focus on women and children)?
8. What are the laws that deal with GBV?
9. Do you think a specific GBV law should be enacted? Explain.
10. What institutions (government and non-government) that exist and handle GBV in
your community? How effective are they in handling matters of GBV in your community?
11. What problems are faced when dealing with GBV against women and children in
your community?
12. What do you think should be done to curb GBV against women and children?
13. How has the media assisted in reporting GBV cases in the district?
See how this focus group data was used by reading the Baseline Study
Report from Foundation for Human Rights Initiative.
Key Informant Interviews

Interviews are one of the most commonly used forms of data collection for needs
assessments, research, monitoring, and evaluation. Such interviews may be part of
safety audits, focus groups, or human rights monitoring.
However, when conducting interviews about violence against women the interviewer
must take special care. When interviewing survivors of violence, or others about
violence against women, ethical considerations should be of primary concern.
The following important ethical and safety considerations come into play whenever
interviewing survivors or others about violence against women (World Health
Organization, 2003):
o Do no harm: Treat each woman and the situation as if the potential for harm
is extreme until there is evidence to the contrary. Do not undertake any
interview that will make a woman‘s situation worse in the short term or longer
term.

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o Know your subject and assess the risks: Learn the risks associated with
violence against women and/or any particular woman's or girl‘s case before
undertaking an interview.
o Prepare referral information: Be prepared to provide information in a
woman's native language and the local language (if different) about
appropriate legal, health, shelter, social support, and security services, and to
help with referral, if requested. Don‘t offer advice or make promises that you
cannot fulfill.
o Adequately select and prepare interviewers, interpreters, and co-
workers: Ensure that interviewers are trained on the dynamics of violence
against women and the potential for secondary trauma. Weigh the risks and
benefits associated with employing interpreters, co-workers, or others, and
develop adequate methods for screening and training.
o Ensure anonymity and confidentiality: Protect a survivor‘s identity and
confidentiality throughout the entire interview process – from the moment she
is contacted through the time that any information she provided is made
public.
o Get informed consent: Make certain that each respondent clearly
understands the content and purpose of the interview, the intended use of the
information, her right not to answer questions, her right to terminate the
interview at any time, and her right to put restrictions on how the information
is used.
o Listen to and respect each woman’s assessment of her situation and
risks to her safety: Recognize that each woman will have different concerns,
and that the way she views her concerns may be different from how others,
including the interviewer, might assess them. Recognize that victims
themselves can often best assess their own risk.
o Do not re-traumatize a woman or girl: Do not ask questions intended to
provoke an emotionally charged response. Be prepared to respond to a
woman's distress and highlight her strengths.
o Be prepared for emergency intervention: Be prepared to respond if a
woman or girl says she is in imminent danger.
o Put information collected to good use: Use information in a way that
benefits an individual woman or that advances the development of good
policies and interventions for women and girls generally.
More resources related to the ethics of interviewing about human rights violations
against women and girls are available in the Programming Essentials section of
this website.
Iran – Methodology for Gathering Information on Access to Justice

A UNDP appraisal of access to justice for women in Iran used multiple methods
including review of existing literature, key informant interviews, questionnaires and
focus groups. A total of 204 people were interviewed for the study, of which 47 were
female judges, 45 were female attorneys, 54 were female offenders and 56 were female

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claimants. Two non-governmental organizations (NGOs) working on women‘s legal

issues also were interviewed. According to the research report, ―interviewees selected
for the study were identified within institutions. Letters were written to a focal point within
the courts, which were then distributed to judges and attorneys to encourage their
participation in the study. The attorneys willing to participate in the study were met in
their own offices and the judges were visited in the courts. The research team
approached female claimants in the courts and the Legal Medical Clinic where
claimants seek physicians to assess their physical condition. Female offenders were
solicited in the Women‘s Prison through the authorities. Female offenders who had
recently been released were approached in shelters developed for newly released
prisoners who lacked housing. Non-governmental organizations (NGOs) working on
women‘s legal issues also participated and provided information on their activities.‖
Because the study was interviewing both women claimants and female offenders in or
recently released from prison, ethical and safety concerns were a central issue in the
research. The researchers took account of the fact that because of the sensitive nature
of the topic, anyone who chose to participate in the research was in fact engaging in a
―political act.‖ Strict confidentiality and anonymity provisions were put in place to protect
participants. Moreover, the research was made possible because the research team
had previously conducted work in the Iranian court system and was trusted by key staff
from the courts. The researchers provided honorariums to participants and also
provided referrals to resources when necessary. The study resulted in multiple
recommendations to the Iranian government, including changes to the penal code and
increased support for non-governmental organizations.
Survey instruments including both qualitative and quantitative questions are available in
the appendices of the report.
Source: U.N. Development Programme. 2007. Access to Justice for Disadvantaged

Groups: The Case of Women in Iran.
Good interviewing requires the interviewer to be non-judgmental, connect with the

interviewee, communicate complicated issues clearly, be professional, be polite, be
knowledgeable and sensitive to the issues, be well-prepared, and make inquiries in a
non-confrontational or non-challenging manner. In general, interviewers should be
prepared to carry out the interview, be knowledgeable about the issues and context,
and be respectful to the interviewee. Steps in conducting useful interviews include:
 Determining the purpose of the interviewing;
 Identifying specific interviewees, or criteria for interviewee selection;
 Developing a set of questions or themes to address during interviews;
 Writing an interview protocol to ensure consistency throughout the process,
especially if multiple people are conducting interviews;
 Pilot testing interview protocol and questions;
 Finalizing informed consent language and forms; and

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 Creating the final protocol, including methods for recording the interview
information either through notes, audio, or video recording.
Sample Informed Consent Language for Interviews with Survivors
We are conducting research on the experiences of women who have been trafficked for
[name of organization] in order to identify better ways to ensure their access to the
courts. We would like to talk to you about [state general topic to be discussed] and to
ask you questions about [list key subjects that will be covered, including sensitive
information that will be requested].
I won't ask your name. Everything you tell me will be kept strictly secret. No identifying
personal details will be revealed. I will not use your name, the name of your hometown,
your trafficker's name, or specific details about your family. There are no wrong or right
answers. You may find some of the questions bring up difficult memories and you
should feel free to take your time answering or to decline to answer, if you wish. Your
responses about your experiences will be used to help other women who have had
similar experiences and health needs.
We have discussed the potential risks and benefits, such as [review risks and benefits
mentioned during prior discussion of risks and benefits] and ways we can limit these
risks, such as [review ideas for limiting risks mentioned during prior discussion of risks].
You don't have to participate if you don't wish to. If you agree to proceed, you may
choose to stop the interview at anytime, or if you don't wish to answer a question or
would like to ask me a question, please feel free to stop me. This interview will take
approximately 30 minutes.
Do you agree to be interviewed?
Is this a good time and place to talk?
Source: World Health Organization. 2003. Ethical and Safety Recommendations for
Interviewing Trafficked Women.
Developing interview questions
Practitioners can construct different kinds of questions as needed to gather information.

For example, interview questions can:
 find out about the nature and extent of violations of women‘s and girls‘ human
rights;
 learn what and how causes and risk factors contribute to or exacerbate the
human rights violations;
 learn what consequences stem from human rights violations;
 target structural issues, such as laws or systems;
 elicit information on how pre-identified flaws in the law or policy play out in
practice;

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 seek clarification about procedures, guidelines, protocols and trainings and

remind interviewers to obtain copies of any official documents or template forms
during the interview;
 seek quantitative information to obtain estimates, such as asking police or judges
about the number of cases of violence against women in a given period;
 learn what efforts non-governmental organizations and others are making to
respond to the human rights violation; and
 ask about public perceptions, victim needs, and recommendations for change.
In general, the following guidelines may be helpful for practitioners as they develop their
interview questions:
 Questions should be open-ended, non-leading and non-inflammatory. Use as few
yes/no questions as possible.
 Avoid framing questions in a judgmental or aggressive tone. Practitioners should
anticipate that interview questions about violence against women may generate
strong emotions, or may elicit stories of abuse and violence from the interviewee in
some cases.
 Craft interview questions to be concise, easy-to-understand, and as clear as
possible. Avoid lingo, slang, and emotionally-loaded words. Use ordinary language
and terms familiar to the respondent.
 If applicable, include a map or diagram to facilitate questioning and responses about
events.
 Consider asking an expert or other appropriate person to review and critique
questions beforehand to ensure that they are relevant and comprehensive.
 Lead off with more non-controversial and less sensitive questions. For example,
asking the interviewee to describe their work and duties is an initial question that
helps set a comfortable tone.
 Prioritize the most pressing questions in terms of question order.
 Ask for anecdotes without compromising confidentiality. The use of experiences and
stories can help illustrate and lend credence to conclusions.
 Be prepared to deviate from the question set if needed during the interview to obtain
clarification or more details.
Depending on the goal, practitioners may need to develop different question sets for
different categories of interviewee. For example, separate question sets may be needed
for judges, prosecutors, police, lawyers, community activists, survivors, perpetrators,
advocates, and religious or other community leaders. If so, practitioners should assess
what information is needed, what each group can provide, and develop tailored
questions.
Sample Key Informant Interview Questions (The Advocates for Human Rights, 2011)
Sample Questions for Prosecutors Related to Domestic Violence

General:
1. Can you describe your work and area of responsibility? What size population does
your district serve? How many prosecutors serve this district?

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2. How long have you been a prosecutor? How many cases do you prosecute a
year? Can you describe what kinds of cases?
3. Does your office handle cases involving violent assaults between husband/wife or
intimate partners?
4. (If there is a new law on domestic violence) Are you familiar with the new law on
domestic violence? What are prosecutors‘ responsibilities under the new law?
5. Can you estimate how many cases of domestic violence are reported in your
district each year? How many cases of domestic violence are charged in your
district each year? Do you have staff members who specialize in prosecuting
domestic violence cases?
6. Does your office keep statistics on domestic violence cases? Do these statistics
show the gender of the perpetrator and victim, their relationship, and the severity of
the injury?
Prosecutor Procedures in Domestic Violence Cases
7. What laws relate to the criminal prosecution of domestic violence?

8. What policies or protocols does your office have regarding prosecution of domestic
violence cases? May we have a copy of the policy?
9. What factors are considered in determining whether to prosecute domestic
violence crimes?
10. Please describe the procedure involved in the complete prosecution of a domestic
violence case.
11. How many cases of domestic violence are declined in your district each year?
What are some of the reasons that you decline to prosecute domestic violence
cases? What is the most common reason that you decline to prosecute domestic
violence cases?
12. How many cases of domestic violence do you dismiss each year? What are some
of the reasons that you dismiss cases of domestic violence? What is the most
common reason that you dismiss cases of domestic violence?
13. If the case is prosecuted, what role does the victim play in the prosecution? What
do you do if the victim does not want to proceed with or participate in a
prosecution? Do you need the victim to testify to go forward with prosecutions?
14. If the case is not prosecuted by the state, do women ever initiate private
prosecution of a domestic violence case?
15. What type of evidence do you need to prove injuries in court?
16. Is lack of documentation of the abuse in a police report ever a problem in
prosecuting domestic violence crimes?
17. Is lack of documentation of the abuse in a medical report ever a problem in
prosecuting domestic violence crimes?

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18. Is there a way that you find out about previous acts of violence in a domestic
violence case? Do previous acts of domestic violence affect your actions in a
case?
Sample Questions for Judges Related to Domestic Violence

General:
1. Can you briefly describe your work and area of responsibility?

2. How long have you been a judge?
3. What is the process for becoming a judge? What are the educational
requirements? Is there any requirement of continuing education? Have you had
trainings on domestic violence? If so, who organized them?
4. [If there is a new law on domestic violence] Have you had specific training on the
new law on domestic violence? Do you know if all judges have had this training?
Judicial Procedures in Domestic Violence Cases:
5. Are domestic violence cases brought before your court?

6. Can you estimate what percentage of your cases are domestic violence cases?
Does your office keep statistics on domestic violence cases?
7. Are there specialized courts for the handling of civil domestic violence cases in
which orders for protection are sought? If so, do the judges who handle these cases
receive specialized training at the beginning of their service or at regular intervals
during their service? How many judges handle these cases? What is their
approximate caseload?
8. Are there specialized courts for the handling of criminal cases of domestic violence,
either assault cases, violations of orders for protection, or other matters such as
harassment or stalking? If so, do the judges who handle these cases receive
specialized training at the beginning of their service or at regular intervals during
their service? How many judges handle these cases? What is their approximate
caseload?
Criminal Proceedings:
9. Do you hear criminal assault cases involving domestic violence?

10. What factors are considered in determining whether or not to convict on domestic
violence crimes?
11. What punishments are available for perpetrators of domestic violence? What factors
are considered in sentencing after a conviction for domestic violence? What is the
most common sentence? Do you ever suspend sentences in cases of domestic
violence?
12. What factors are considered in setting bail for a perpetrator accused of a domestic

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violence crime?
13. Have you ever encountered a situation in which the perpetrator seemed extremely
dangerous? What criteria do you use to assess for direct and immediate threat to
the victim‘s life? What action do you take in this situation?
14. Do you utilize risk assessments in determining bail, release, or sentencing of
domestic violence perpetrators?
15. Have you ever seen a situation in which a victim of domestic abuse was also
arrested, charged, or convicted of domestic abuse? Can you describe that situation
and what happened?
16. If the case goes to court, what role does the victim play in the prosecution?
17. How long does it generally take to for a criminal domestic violence case to be
resolved?
18. Is lack of documentation of the abuse a problem in cases of domestic violence
crimes? If so, how and why?
19. Are forensic doctors used in cases of domestic violence? If so, what weight do you
give to having a certificate? Can a case be prosecuted without one? Are the
conclusions on forensic certificates ever questioned? If so, what happens?
20. Do women prosecute cases of domestic violence unassisted by the state? Are they
successful at prosecuting their cases?
For information on how to assess court facilities specifically, see the sections below on
specialized courts and court safety.
Developing an interview protocol

A protocol provides an overall description of the interview process to guide the
interviewer, along with specific instructions about how to conduct themselves during the
interview. The protocol should include an introductory script that introduces the
interviewers and the organization, describes the project mandate, explains how the
information will be used, explains what the interviewer can and cannot do with the
information, and explains issues of confidentiality. All interview protocols should allow
for time at the conclusion of the interview to:
 Ask if the interviewee has other additional names to recommend for an interview or
other sources.
 Ask if the interviewee has anything else to add.
 Allow the interviewee time to ask questions of the interviewer.
Other tips for conducting Interviews (Amnesty International and CODESRIA 2000)
 If using mixed-gender interviewing teams, always provide an opportunity for

women interviewees to speak with women interviewers alone.

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 Be prepared to hear about personal experiences of violence from women who

are your key informants, even if they have not been initially identified as
survivors. With one in four women experiencing violence in their lifetime, it is very
common to hear from women judges, advocates, activists, legislators, police
officers, and other about the violence they have experienced.
 Remember that sexual violence is one of the most difficult allegations to discuss
because of the social, cultural, moral, and political environment. In almost all
societies, a woman or girl coming forward with allegations of rape, sexual
violence, or sexual humiliation, has a great deal to ―lose‖ and is likely to face
extraordinary pressures and ostracism from the closest members of her family to
the society at large.
 Adopt a policy for interviewers on a gender-sensitive language, including using
words and expressions that do not obscure women‘s and girls‘ experiences. For
instance, you could use generic terms and titles, such as: people, human beings,
society, individual, men and women, and chairperson rather than such terms as:
man, men, mankind, or chairman.
 Build trust with the women you are interviewing, understand the cycles of
violence, and at which stage the women are, before bringing up sensitive issues.
Palestine – Gathering Data on ―Honor‖ Killings
At the intersection of formal and informal justice systems is the problem of ―honor‖
killings, a type of femicide. A Palestinian women‘s advocacy organization, Women‘s
Centre for Legal Aid and Counseling, wanted to conduct advocacy related to ―honor‖
killings, but found that virtually no data on the problem was available. Because the
impetus behind ―honor‖ killings is to restore a family‘s ―honor‖ cases were not brought to
court, police records often were misleading, traditional leaders didn‘t want to discuss the
problem, offenders remained unpunished, and women and girls suffered in silence. The
Women‘s Centre received a grant from the United Nations Trust Fund to End Violence
Against Women to conduct research on the problem. The Women‘s Centre used
multiple methods to gather data, not only on the event of an ―honor‖ killing, but also on
the process that ultimately leads to a death. The research team:
 interviewed women seeking services, families of survivors, health officials, religious
leaders, police, judges, and government officials,
 reviewed records from police and courts,
 administered questionnaires, and
 documented their own experiences as service providers.
The final report included information on number of cases, types of cases, analysis of
causes, and individual stories. The research documented the fact that ―honor‖ killings
appeared to be increasing and that women believed their situation to be increasingly
oppressive. The appraisal research enabled the organization to develop trusting
relationships with many stakeholders, such as police and religious leaders, and directly
informed the organization‘s proposals for action steps, including development of a
databank on ―honor‖ killing, and extensive training for decision-makers in the formal and

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informal sectors such as judges and faith leaders. Gathering data also helped the
organization identify key steps during the process leading up to an ―honor‖ killing at
which intervention is most helpful. For example, working with police (who often hear
about a rape or other incident that could ultimately lead to a killing) to encourage them
to refer young women to the Women‘s Centre before the family is notified emerged as
an important strategy.
Source: Spindel, et al. 2000. With an End in Sight.
Pakistan – Examining the Link Between Jirgas and Violence Against Women
A study on the Role of Tribal Jirga in Violence Against Women was conducted in the
Sindh province of Pakistan in 2005. The study used a literature review, key informant
interviews, focus groups, and documentation of case studies to examine the link
between jirgas and ―honor‖ killings. The questions asked of interviewees about the
practices of this informal justice mechanism are reproduced below. The study resulted
in recommendations to the government for changes in the law, police training, and legal
literacy education for men and women.
Questionnaire
1. What is the historical background of tribal system in Sindh?
2. What is the historical background of jirga system in Sindh?
3. What are the present day mechanisms / processes of jirga system i.e., how it is being
run?
4. What is the tribal code of ―honour‖ and what is its place in the jirga system?
5. What is the tradition of ―honour‖ killing (Karo Kari)?
6. What is the historical background of this tradition?
7. What, according to your opinion, are the basic causes behind karo kari killings?
8. What are the codes, rules and regulations of tribal jirga to deal with the cases of karo
kari?
9. What is the role of government in the tribal jirgas and their verdicts with regard to
women especially in the cases of karo kari?
10. What are the negative impacts (if any) of tribal jirgas on the cases of karo kari in
Sindh?
11. What are the positive impacts (if any) of the tribal jirgas on the karo kari cases in
Sindh?
12. Are rules, codes and decisions of tribal jirga with regard to violence against women
in accordance to the formal legal provisions of Pakistan?
13. If not, how they violate the laws and the constitution of Pakistan?
14. Are the tribal jirga in accordance to the international conventions of human rights /
women rights?
15. If no, what are the main points/ areas, where jirga codes, rules and verdicts violate
the international human rights conventions?

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16. If the verdicts of tribal jirgas violate the law of the land as well as international
human rights standards and conventions what are your suggestions for preventing such
violations by the tribal jirgas?
17. What are your suggestions for the prevention of the growing cases of violence
against women especially the cases of karo kari in Sindh?
Source: Participatory Development Initiatives. 2005. Role of Tribal Jirga in Violence

Against Women.
Additional Resources for Researching Violence Against Women and Girls:
 Researching Violence Against Women: A Practical Guide for Researchers

and Activists (PATH/WHO, 2005). Available in English.
 Monitoring the Implementation of Domestic Violence Laws: A Human
Rights Methodology (The Advocates for Human Rights, 2011). Available in
English and Russian.
 International Violence Against Women Survey (Springer, 2008). Available in
English. Survey questions available in the back matter.
 Ethical and Safety Recommendations for Interviewing Trafficked Women
(World Health Organization, 2003). Available in English.
 Putting Women First: Ethical and Safety Recommendations for Research
on Domestic Violence against Women (WHO, 2001). Available
in English, French and Spanish.
 WHO Ethical and Safety Recommendations for Researching, Documenting
and Monitoring Sexual Violence in Emergencies (WHO, 2007). Available
in English and French.
 A Methodology for Gender-Sensitive Research (Rights and Democracy,
1999). Available in English.
 Ukweli: Monitoring and Documenting Human Rights Violations in Africa
(Amnesty International and CODESRIA, 2000). Available in English.
Court Monitoring
Court monitoring is a specific tool that can form part of an appraisal, ongoing
programme monitoring and evaluation, or research. The goals of court monitoring are:
o To hold the justice system accountable for its actions by maintaining a

public presence in the courts.
o To identify problematic patterns and concerns with the court system as
well as to propose practical solutions.
o To improve the administration of justice.
o To increase public awareness of and public trust in the justice system.

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South Africa – Shukumisa Monitoring Campaign
A network of civil society groups in South Africa, called Shukumisa, combines human
rights monitoring with awareness-raising during the 16 Days of Gender Activism. In
2008 the group sent out 16 monitors to gather information about how official entities
such as the police and courts were meeting their obligations to provide justice for
victims of sexual violence. Monitors were trained on how to use assessment tools that
examined how the government was complying with its own policies, including: The
Criminal Law (Sexual Offences) Amendment Act 32 of 2007 (SOA), Regulations and
forms related to the SOA (including forms for HIV testing of rape accused and
information sheets for rape survivors about PEP and HIV testing), SAPS National
Instructions 3/2008 Sexual Offences, The Victim‘s Charter, Minimum Standards on
Services for Victims of Crime, Gauteng Provincial Guidelines and Standards on the
Implementation of Police, Station-Based Victim Empowerment Services (Gauteng
Department of Community Safety), The Customer Service Charter for Court Users, and
The National Sexual Assault Policy and National Management Guidelines for Sexual
Assault Care (Department of Health). Thirty four police stations, 16 courts, and two
hospitals were visited during the 16 Days Campaign. To gain access to information,
monitors relied on the service standard around information and awareness contained in
the Minimum Standards for Service Delivery in Victim Empowerment (Victims of Crime
and Violence) issued by the Department of Social Development. According to the terms
of this standard, ―service providers will inform communities on availability of and access
to resources‖ and ―provide information on referral procedures.‖ Because monitors were
both members of the community, as well as of organizations advocating for rape victims‘
rights, in theory the courts and police stations should not have been able to turn them
away or refuse to answer any of their questions. The monitoring report revealed
important findings, specifically that implementation of the policies on sexual offences
was inconsistent, a lack of knowledge around procedures relating to sexual offences
was evident, and understanding of the needs of marginalized victims was limited,
suggesting that these particular victims may be poorly served.
 Shukumisa Monitoring Training Guide and Protocol (Tshwaranang and

RAPCAN 2008). Available in English.
Source: Tshwaranang and RAPCAN. 2008. A report on the monitoring activities

conducted by the Shukumisa Campaign during the16 Days of No Violence Against
Women.
Uganda – Assessment of Local Council Courts
In 1998, the Danish International Development Agency (DANIDA) conducted an

assessment of the Local Council Courts of Uganda. The goal of the assessment was to
determine whether the courts were effectively delivering basic legal services and how
they could be improved in terms of efficiency and operational effectiveness.
Accordingly, the assessment focused on some key tasks:

FORMAL SECTOR
 To review the literature and basic data on the Local Council court system;
 To assess the strengths and weaknesses in the process and functioning of the Local
Council court system in particular in relation to its composition (election and
gender), procedures, jurisdiction (laws applicable, remedies granted) and
accessibility (geographically, economically and administratively);
 To examine the relationship between the Local Council court system and the formal
as well as informal settlement practices in communities;
 To assess user perception of the decisions made by Local Council courts and to
what extent the decisions may be influenced by economic, cultural-environmental
or religious factors and gender biased attitudes;
 To identify caseload and case flow within the different levels of the Local Council
court system and to ascertain the incidence and result of cases appealed to
higher Local Council court levels and Magistrates‘ Court level;
 To consider the possibility of introducing, as an alternative to appeals within the
Local Council court system, the option for parties who are not satisfied with the
decision of Local Council courts to file a complaint as a case of first instance in a
formal court;
The consultant carrying out the assessment collected data through document review,
100 questionnaires, five key informant interviews, 30 in-depth interviews, and three
focus group discussions. These were carried out in a number of villages in five selected
districts – one district in each of Uganda‘s four regions plus Kampala. Although this
assessment was not specifically tailored to evaluate the court‘s handling of violence
against women, these types of questions can provide important background on how
courts function generally, who is using the courts, and where there may be entry points
for reform.
Assessment Interview Guide for the Hybrid Justice System in Uganda
A) Interview guide for Local Council Court Officials

1. Composition of courts
− Qualifications and background of some of the officials. (These may relate to academic
and/or experiential qualifications)
− Record the gender representation by post held.
− What do they perceive as their major roles and functions in their judicial capacity?
− Any problems in combining administrative and judicial functions? (Ensure this is
clearly explained in vernacular)
2. Court records
− How many cases on average are reported per day/week/month?
− Whether or not court records are kept and if not, why?
− Types of cases commonly reported?
− How the records are kept and problems associated there (Request of a sample of
court records if available) ?
− Where records are not kept, what happens in the event of an appeal?

FORMAL SECTOR
3. Mode of operation/court proceedings

− How many cases are on average handled per day/week/month?
− What factors affect case flow?
− Whether they have knowledge of the limits of their jurisdiction (what are they?)
− What factors are taken into consideration before making a decision?
− Are they capable of mediating cases within and outside their jurisdiction (how)?
− Can they cite instances where they have given legal advice to parties?
− Whether they seek technical advice from other institutions or bodies and if so, which
ones and for what type of cases/situations?
− What procedures do they use in summoning parties and witnesses?
− How do they go through court proceedings?
− Are their cases referred to other authorities (which are those cases and to which
authorities are they referred?)
− How are the fees and fines determined and collected? Any additional/informal fees?
4. Efficiency of Local Council court officials/good governance

Whether they have benefited from any form of support in terms of training or other forms
of strengthening their efficiency (some examples)/How effective/beneficial?
Do they have any reference materials or similar resources used in their judicial
functions? (some examples)
Have they received any practice guidelines/directions regarding costs, fees, and
procedures?
How do they enforce judgments and what are the consequences of non-observance?
Can they identify aspects or areas where support is needed to make them more
efficient?
5. Other Issues
Who are the dominant users of the courts?
…
What problems do they as court officials face?
Do they have infrastructure, e.g. court room, office premises (rented, free, donated,
borrowed, makeshift), stationary and other facilities?
What is their opinion on the introduction as an alternative to appeals within the Local
Council Court system the option for a party unsatisfied with the decision in the Local
Council Court to file their complaint as a case of first instance in the formal court?
Comments on alternative resolution mechanisms within the community?
* Any other comments? Or reactions from the Local Council officials?
B) Interview guide for Local Council court users

Personal/ household data
1. Respondent‘s Identification Record the sex/Name/Age/Village/Sub-county /District?
2. Marital Status
3. Do you have children? Number of girls? and boys?
4. What contribution do you give to the running of your home?
5. How do you do this?
6. What educational level did you attain?

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Composition of courts/mode of operation/user’s perception

7. Are you comfortable with the combination of executive and judicial functions of the
Local Council?
8. If so, why?
9. If not, why not?
10. How easy is it for you to access Local Council courts?
11. Do you have confidence in Local Council courts?
12. Why?
13. Do you perceive Local Council courts as impartial?
14. If not, explain why?
15. What are your comments on the following aspects of Local Council courts:
16. Fees and any other costs involved?
17. Expediency of their operations?
18. Appreciation of the technicalities and procedures involved?
19. What do you perceive/consider as factors influencing the decisions of Local
Council?
20. What other case settlement forums exist in the community?
21. In the event of a case indicate to which case settlement forums you would appeal in
order of priority (find out whether priority is determined by nature of the case)?
22. Are decisions from Local Council courts enforceable/enforced?
23. What are the consequences of non-observance?
24. Give your comparison between Local Council courts and the formal court system.
25. Give your opinion on the possibility of introducing as an alternative to appeals within
the Local Council court system, the option for a party unsatisfied with the decision in the
Local Council court to file their complaint as a case of first instance in the formal court.
Efficiency of Local Council court officials/good governance

26. What would you consider to be indicators that Local Council courts are efficient and
effective?
27. Can you identify areas where the Local Council courts need support?
28. Any suggestions for change in the Local Council courts?
In-depth issues
29. Do you have any experience in using Local Council courts?
30. If so, can you relate what the experience(s) was/were like, whether good or bad?
31. If not, can you relate an experience of somebody close to you that you recall?
* Any other comments?
C) Interview Guide for Key Informants

1. Name/Age/Sex (record)/Duration in office/District/Post-held?
2. Is there collaboration between your office and Local Council courts?
3. If so, what form does the collaboration take?
4. If not, why?
5. Do you perceive Local Council court as impartial?
6. If not why?

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7. What do you perceive as factors influencing the decisions of Local Council courts?
8. Have you any knowledge/received reports of problems faced by various people in
accessing or using Local Council courts?
9. If so what are the common problems and complaints?
10. Have you been approached to assist in the enforcement of decisions of Local
Council courts? Cite examples.
11.What do you consider as:
12. the strengths of Local Council courts?
13. weaknesses of Local Council courts?
14. Give your comparison between Local Council courts and the formal court system.
15. What other alternative case resolution mechanisms exist the community?
16. Identify them in order of priority given to them.
17. Indicators of efficiency and effectiveness of Local Council courts?
18. Any suggestions for change in Local Council courts system?
19. Identify areas where you think Local Councils need support
Source: Penal Reform International. 2000. Access to Justice in sub-Saharan Africa: The
role of traditional and informal justice systems.
Further questions to determine if gender bias exists could include:

 Do the Local Council courts make provision for the safety of domestic violence
victims or sexual assault victims?
 Do the findings of the Local Council courts support the human rights of women and
girls?
 Do the Local Council courts offer reparations or settlements directly to women and
girl victims or are the reparations or settlements offered to their families?
 Are women and girls given an opportunity to speak in Local Council courts, as
victims and witnesses?
 Do women and girl victims of violence have the opportunity to have an advocate
who understands gender-based violence accompany them to Local Council court
hearings?
 Have there been any unintended consequences when Local Council courts hear
cases of violence against women and girls?]
See additional information on how to engage in court monitoring.
Human Rights Monitoring
Human rights monitoring is a specific tool that can be used in an appraisal of the impact
of a situation on the human rights of individuals. Human rights monitoring seeks to
gather information about the human rights situation in a country or region over time
through readily available methods, with the goal of engaging in advocacy to address
human rights violations. It also involves a process of documenting human rights
violations and practices so that the information can be categorized, verified, and used

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effectively. Human rights monitoring is sometimes called fact-finding. Fact-finding

consists of investigating a specific incident or allegation of human rights violations,
collecting or finding a set of facts that proves or disproves that the incident occurred and
how it occurred, and verifying allegations or rumors.
Human rights monitoring related to violence against women and girls has been a feature
of justice reform in the formal sector for several decades. Groups have designed
programmes to monitor criminal and civil cases, as well as other practices, that relate to
violence against women. Resulting reports about how police and court practices match
with international human rights standards have been effectively used for advocacy
purposes in a number of settings.
There are a number of ways to monitor human rights including by using

government mechanisms, international mechanisms and through non-
governmental organizations and human rights organizations.
For an example of a human rights report, see: Implementation of the Bulgarian

Law on Domestic Violence (The Advocates for Human Rights and the Bulgarian
Gender Research Foundation, 2008). Available in English.
What is the outcome of an appraisal?

The outcome of an appraisal might be a community map, a detailed narrative report on
themes from interviews, charts with survey results, or ideally a combination of all of
these. The outcome of an appraisal should reflect a human rights-based analysis of the
information.
A situational appraisal should keep in mind the following objectives and associated
sample questions (UNDP, 2005). The following questions and tips can help guide the
analysis of appraisal data.
 Situate the problem in a human rights context:

o Which human rights are at stake? The international framework of treaties
and standards protecting women‘s rights can be found on the UN Women
website.
o What types of remedies do women and girls need?
o How does the current situation compare to the international human rights
framework?
o Is a legal framework in place and is it in line with international human
rights norms?
o How do customary, indigenous, or other informal norms and practices
promote or hinder women‘s rights in the context of this problem?

FORMAL SECTOR
 Think in terms of issues, not institutions – the justice sector is comprised of

multiple mechanisms through which women attempt to claim their rights from
those who have a duty to uphold them.
 Think in terms of rights and responsibilities – where a woman has a right,
someone else has a responsibility or a duty, and both the woman and the person
responsible for granting a remedy must have the appropriate knowledge and
capacities.
 Use data, but avoid analysis deadlock – gathering available or newly collected
qualitative and quantitative data is a critical piece of appraisal, but it is easy to
become overwhelmed with information. Keep the analysis simple and focused on
the initial issue that led you to make an appraisal. Don‘t try to solve all the
problems in the justice sector at once.
The outcome of an appraisal should serve as a basis for guiding programme

development and should help move what started as strong desire for reform toward a
list of detailed, achievable goals and objectives.
Vietnam – Ministry Conducts Legal Needs Assessment
As part of the transition from an underdeveloped, soviet-style legal system to a modern

rule of law based legal order, the Vietnamese Ministry of Justice carried out a
comprehensive legal needs assessment. Due to a serious shortage of trained legal
professionals in the country, the Ministry of Justice approached the United Nations
Development Programme with a request for technical assistance and donor co-
ordination.
National ownership of the assessment produced outcomes more likely to be ultimately

employed by the government, and demonstrated that the recommendations were not
donor-driven. Additionally, by taking the time to clearly plan out the scope of the
assessment and design procedures for the necessary inter-ministerial collaboration, the
assessment both stayed focused on its purpose, and relevant to Vietnamese policy
making bodies.
In addition to creating a comprehensive needs assessment for the Vietnamese legal

system, the process helped increase the legal capacity and awareness of Vietnamese
policy/lawmakers. Due to this indirect influence on lawmakers, many of the assessment
suggestions have been incorporated into recently promulgated Vietnamese laws—an
unintended benefit. Having a comprehensive picture of the legal resources available
generally can inform programming specifically related to violence against women by
highlighting priority needs.
Source: World Bank – Vietnam. 2003. Delivering on its promise.

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Step 2: Define and Prioritize Goals

Having completed an appraisal of the problem, the analysis from Step 1 should lead to
a clearer statement of the problem as well as identification of one, or probably several,
desired goals/outcomes as a result of the reform initiative.
Goals should reflect the desired change in women’s and girls’ lives
A goal statement should reflect the change in women‘s and girls‘ lives that will result
from the programme once implemented. Programmes focused on engaging the justice
sector relative to violence against women often reflect these common goals:
 Make the justice sector more effective in protecting victim safety

 End impunity for violence against women
 Decrease the gap between norms in the national constitution and laws and the
body of international human rights norms
 Create alternatives to justice practices that harm women or make them more
vulnerable
 Exclude customary or religious justifications for gender-based violence.
 Modify existing practices in the informal system that are in conflict with formal
laws on violence against women and girls
 Decrease discrimination against women in the justice sector
 Increase women‘s participation as decision-makers and leaders in the justice
sector
 Increase survivors‘ comfort in seeking remedies from the justice sector
 Increase the knowledge about violence against women and women‘s human
rights among key actors in the justice sector
 Increase women‘s knowledge about their right to seek a remedy in the justice
sector
 Increase accountability and transparency in the justice sector
 Mandate the justice sector to improve risk-management processes
 Make the justice sector more responsive to community needs
 Increase monitoring and oversight of the justice sector
 Ensure that women and girls are not re-victimized by the justice sector
 Ensure that a case which has been processed under a religious or customary
judicial system may still be brought under the state‘s formal justice system
 Ensure that survivors are not coerced into using a specific type of justice
mechanism
 Reduce corruption
Writing goals in a specific way so as to reflect a human-rights-based approach can help

ensure a programme‘s success is measurable and meaningful.
Taking the examples above, instead of stating that the programme will ―reduce
corruption,‖ a rights-based approach would describe the goal as: ―Women victims of

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violence are able to access the justice mechanism of their choice and receive a
timely, effective remedy without having to pay bribes or provide other
inducements to decision-makers and gatekeepers.‖
See an example of specific goals and objectives for a judicial training programme.
Prioritizing goals maximizes programme effectiveness

If the appraisal leads to multiple desired goals, planners will need to prioritize. The
following considerations and guidelines may help in that process (UNDP, 2005, pp.27-
28):
 Which goals are most important to women and girls who are directly impacted?
 Which goals could include an immediate benefit for women‘s and girls‘ safety and
access to justice?
 Identify would-be ―spoilers‖ and potential champions - what kind of political
opportunities are available for action on each outcome?
 Adopt multiple timeframes and categorize goals into shorter or longer term.
 Which goals can be realistically achieved through advocacy by your organization
or coalition of organizations?
It can be difficult to focus in on a manageable project, especially when an appraisal of

the sector reveals multiple issues that all affect women‘s and girls‘ safety and human
rights. Including stakeholders and community members in the process of prioritizing
desired outcomes is an important step and can help generate buy-in up front for
programming initiatives.
One method of participatory prioritization is pair-wise ranking. This method allows

communities and stakeholders to systematically examine an array of issues and come
to conclusions about which issues are most critical.
Pair-wise Ranking Instructions (RHRC Consortium, 2004)
By beginning with listing problems/issues and then comparing them systematically in

pairs, a matrix is developed that allows the community members to compare and
contrast the issues they have identified. Each item is successively compared against
the other items and, for each pair, the most significant problem is chosen. Once the
matrix is complete, it is possible to score and then rank issues/problems from the most
important to the least. The procedure should be as follows:
Once rapport has been established with a group of community members, introduce the
pair-wise ranking exercise. First, ask people to list their responses to a specific well-
phrased question such as:
What are the ways that women and girls seek justice for violence in this community?
Pair-wise ranking can also be used to rank other issues, such as what kinds of

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interventions the community feels are most important to reduce violence against women
and girls. In this case, sample lead questions might be:
Who do women go to for help if they are victims of violence?
What do you think are the most effective ways that those who harm women and girls
can be held responsible? If people identify multiple issues that can be grouped under
the same heading encourage them to identify a general category that captures these
multiple forms.
Draw a matrix (see below) and as people identify barriers to women seeking justice for
violence, write those types on the horizontal column (the column going across) at the
top of the matrix. After the participants are satisfied that they have listed as many issues
as they can think of, stop and write the same list on the vertical column (the one going
down the left side of the matrix), starting the vertical list with the last category listed in
the horizontal column. Put an X in the boxes where the pairs are repeated. For
example, looking at the matrix below, A, B, C, etc., each represent a type of barrier
identified by community members. The X‘s represent boxes where no ranking is
needed, since other boxes already make the same comparisons of A with C, A with B,
and B with C. Remember that you do not need to prioritize at this point, you only need
to list different issues affecting women and girls in the target community.
A. traditional chiefs B. there is no C. there are no

are not familiar with private or women members
human rights confidential way for of local arbitration
standards related to women to report councils
GBV GBV to local
authorities
C. there are no
women members of X
local arbitration
councils
B. there is no private
or confidential way X X
for women to report
GBV to local
authorities
A. traditional chiefs
are not familiar with X X X
human rights
standards related to
GBV
1. Starting in the upper left-hand corner, ask participants: ‗Compare the problem or
issue identified in the horizontal row with the problem or issue identified in the
vertical column. Which is the more important/effective of the two?‘ Let the group
discuss and record the letter associated with the issue that is the most important of
the two in the cell.

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2. Continue comparing problems listed in the rows with the problems listed in the first
column. Be sure to give the group plenty of time to discuss. It is through this
discussion that individuals' ranking criteria will emerge and people will begin to
understand why another person holds an opinion different from his or her own. This
understanding is the most critical part of conducting a pair-wise ranking.
3. Move on to "pair-wise" comparisons with the problem in the second column of the
problems listed in the rows.
4. Continue the process of pair-wise ranking until all cells in the matrix have been filled.
5. Next, tally the results by counting the total number of each type of violence and
recording the numerical score (count) in the appropriate column. Then prioritize the
problems. First priority goes to the problem which received the highest score,
second priority to the next, and so on.
6. Discuss the resulting prioritization with participants. Most importantly, given the
discussion and process, ask if participants feel that the ranking reflects reality (e.g. If
a community group is going to move ahead with a rights-based education
programme, will the people support it? Will they participate? Does it speak to their
needs?).
7. Remember to record the visual output, identifying place, dates, names of
participants, if possible, and provide a narrative description of the process and
explanation of the data.
Another method for prioritizing goals and associated activities is visualizing the situation
in terms of pits and ladders.
Pits and Ladders Instructions (CARE,

2004)
Using a simple ladder image, organizations
can describe the problem they are facing as
a pit that they need to climb out of through
programme activities. The goal is the ground
at the top of the pit, the place where the
community will arrive once successful
programming is implemented. The rungs on
the ladder represent the steps that the
programme will undertake to make the
desired change.
Step 3. Plan for Participation and Partnerships

Access to justice programmes should be participatory and should draw on a network
approach when feasible. Ensuring participation and developing effective networks can
be challenging, but these strategies can significantly enhance the effectiveness and
sustainability of programs.

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The meaningful participation of those affected by a problem is considered a

fundamental right in itself. Participation helps increase accountability, brings the
knowledge of those experiencing the problem into the process, and can help to address
power imbalances.
A network approach to access to justice brings partners together around a common

goal. Using networks to advocate for change allows groups to maximize resources,
avoid duplication of efforts, and draw on the social capital (relationships, reciprocity,
reputations) of multiple organizations.
Creating meaningful participation in programmes

Meaningful participation is generally understood to mean that the participants have a
degree of real decision-making and control in the process. A participation plan is an
important part of the programme planning and design process. Organizations should
consider the following when developing a participation plan (Asia-Pacific Rights and
Justice Initiative, 2003; UNDP, 2005):
 Identify level and means of participation of women, girls, and others who are
most affected by the problem.
o What kinds of participation are feasible given political, financial, and time
constraints?
o Do different stakeholders need to be involved in different ways?
o What channels for participation already exist?
 Identify obstacles and incentives to participation.
o What is inhibiting women‘s, girls‘, and other stakeholders‘ participation in
the justice reform programme effort?
o How can the capacity of women, girls, and other stakeholders be
enhanced so that they can be active participants in planning,
implementation, monitoring and evaluation? Do women need training in
the short-term? Is illiteracy or language an issue? Is transport or childcare
a concern?
o How can non-discrimination be assured through the programme planning
and design process?
o Who are the groups and individuals who must be involved early on to
ensure success?
o How can outreach and consultation take place to maximize input from all
stakeholders?
o Who may be difficult to involve?
 Develop strategies to strengthen capacities for participation.
o Trust-building – may involve building networks with credible organizations
and leaders, assuring confidentiality, transparency about motives and
funding, sharing results with all stakeholders
o Techniques – public meetings, traditional community gatherings,
conferences, focus groups, workshops, roundtables, advisory committees,
task forces, open houses, site visits, demonstrations

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 Incorporate participation into all stages of the programming cycle including

appraisal, planning, implementation, and monitoring and evaluation.
Detailed information about participatory data collection methods is available in

Programming Essentials, by scrolling down through the Baseline Assessments section.
Additional resources on participation:

 Researching Violence Against Women: A Practical Guide for Researchers
and Activists (PATH/WHO, 2005). Information on using participatory qualitative
data collection methods appears at pages 138-152. Available in English.
 Gender-based Violence Legal Aid: A Participatory Toolkit (American
Refugee Committee, 2005). Available in English.
Partnerships and networks are powerful tools

Developing networks can be a very powerful tool, but the partnership or networking
process must be carefully managed and monitored to ensure success (Varga, 2006;
U.S. Agency for International Development, 2007).
Networks have several advantages:

 Increasing credibility, urgency, and legitimacy through multiple organizations
pressing a single issue or transmitting a consistent message
 Appealing to a broader constituency than an organization working alone
 Providing support to advocates through less isolation
 Avoiding duplication
 Learning from others‘ past mistakes
 Harnessing complementary strengths on complex issues
Key considerations in developing networks include:

 Assigning a coordinating role
 Developing a leadership structure
 Clearly defining purpose, roles, and expectations for network members
 Memorializing expectations in written documents
Breakdown in communication or lack of clear expectations can undermine the

effectiveness of networks and coalitions. Many find it useful to create documents that
specify expectations for coalition members. The following are examples of documents
coalitions have used to clarify expectations, communication, and roles:
 El Paso County, USA, Greenbook Collaboration Commitment
 United Kingdom, Women‘s National Commission, Partnership forms for
Individuals and Organizations
More detailed information on developing a network or coalition is available in the

Legislation: Advocacy section.

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Step 4: Use Tools to Select a Strategy or Strategies

Having defined and prioritized goals, planners will want to match a strategic approach to
the outcome. Common strategies for engagement with the justice sector can be found in
the Overview of Strategies.
Tools to help with selection of an appropriate, effective and sustainable strategy include:
(please note that these tools can also be used in other stages)
 Stakeholder Analysis
 SWOT Analysis
 Focus Groups
Stakeholder analysis
Stakeholder analysis is a methodology used to facilitate institutional and policy reform
processes by incorporating the needs of those who have a ‗stake‘ or an interest in the
reforms under consideration. With information on stakeholders, their interests, and their
capacity to promote or oppose reform, advocates can choose how to best
accommodate them, thus assuring policies adopted are politically realistic and
sustainable.
A stakeholder is someone with an interest, stated or unstated, in a reform initiative.

Stakeholders can be individuals, organizations, or unorganized groups. In most cases,
stakeholders fall into one or more of the following categories: justice system actors (e.g.
judges, chiefs, paralegals), international actors (e.g. donors), national or political actors
(e.g. legislators, governors), public agencies (e.g. health systems), interest groups (e.g.
unions, law societies), commercial/private for-profit, nonprofit organizations, women‘s
groups, legal aid groups, civil society members, and survivors and others who use the
justice system.
A stakeholder analysis uses multiple methods of information gathering (see above for
information on interviews, community meetings, observation, etc.) to document:
 the stakeholders‘ opinion on the reform;
 the level of influence (power) they hold (quantity and type of resources and
power the stakeholder can use to promote its position on the reform);
 the level of interest they have in the specific reform (priority and importance
the stakeholder attaches to the reform area); and
 the group/coalition to which they belong or can be associated with.
Timing is an important factor in the implementation of stakeholder analysis to assure the

usefulness of the results for programme planning and design. When conducted early
on, stakeholder analysis can help gage the likelihood of acceptance and sustainability of
proposed programmes. By starting stakeholder analysis prior to the introduction of the
reform and continuing to modify the programme proposal during the design process,
potential obstacles to implementation can be avoided. Information from a stakeholder
analysis can be represented in a matrix such as the one shown below.

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Sample Stakeholder Matrix (New Zealand Aid Programme, 2011)

Motivation to solve
How Affected by the Capacity to address
Stakeholder the problem (high –
problem problem
low)
Poor, rural women
Directly affected Low High
Judges Occasionally
Medium Medium
affected
Sample Outcome of Stakeholder Analysis (Raising Voices, 2005)
Raising Voices, an organization in Uganda, and it‘s network partners created a list of
Do‘s and Don‘ts as part of their stakeholder analysis related to addressing gender
based violence in the context of HIV/AIDS. The suggestions and things to consider are
important for many types of programming on violence against women. While the specific
―do‘s‖ and ―don‘ts‖ will be different in each context, this type of analysis can be one
helpful outcome of any stakeholder analysis.
Women
Do‘s Don‘ts
• Always put women‘s safety first! • Emphasize culture or politics
• Always maintain confidentiality • Call them in the evenings for activities
• Never force a woman to tell her story • Pretend or assume you can solve their
• Educate women on their human rights problems
• Use existing channels to reach and • Assume you know what is right for any
help them woman
• Remember that they are the expert on • Pressure women to speak out
their own lives – encourage and support • Tell women what to do if they are
them to make decisions themselves experiencing violence, help them think
• Help women see the advantages of through options and decide for themselves.
non-violence to their relationships and
families
• Hold short meetings at convenient time
for women
• Meet them when they are with their
groups
Police

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Do‘s Don‘ts
• Meet with officials—recognize the • Condemn them for neglect or failure to do
hierarchy and work within it their work
• Meet the Family Protection Units, • Regard them as competitors but instead as
Community Liaison Officer and Police partners in the work
Post Officers in area of operation and • Assume they understand GBV
brief them about program. • Undermine the hierarchy within the police
• Learn and understand their roles and station
responsibilities as officers • Involve only one or two officers – they won‘t
• Appreciate their efforts be able to make significant change in their
• Refer victims of violence offices without support of others and the
• Jointly implement activities leadership
• Train them if possible
• Involve them in follow up, support,
supervision
• Collaborate with them
• Recognize the difficult situation they
are in (i.e., lack of resources, low pay,
etc)
• Work with them in a spirit of respect
and collaboration
• Focus on helping them do their job
better
Local Councils
Do‘s Don‘ts
• Always have an entry meeting with • Pass them by when starting new projects
them • Ignore them when going to their area
• Give brief about the project • Allow them to hijack the programme for
• Share goals and objectives political gain
• Seek their support • Pay them money – explain how the
• Involve them at every level programme will benefit the whole community
• Recognize them in every meeting • Make promises that you can‘t keep
• Invite them to open meetings
• Involve them in mobilization
• Involve them in identifying community
resource persons
• Give them non-monetary motivation
• Give a copy of workplan at sub county
level
• Conduct review meetings with them
• Give progress reports at district and
sub county level
• Involve local councils in monitoring the
project activities
• Strengthen capacity of local councils

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• Show them how VAW prevention can

ease their work load
Men
Do‘s Don‘ts
• Recognize their participation • Blame or judge
• Encourage them to share their feelings • Avoid over emphasize women‘s rights
• Encourage dialogue approach
• Do a lot of listening • Criticize men‘s weaknesses
• Use a benefits-based approach (i.e., • Avoid talking about violence directly
show men how non-violent relationships • Address issues as if it is a court
will help them become happier in their • Shout
families and relationships) • Collude with their negative perceptions
• Show men the connection between about women
how we raise boys and girls and status
and gender
• Hold them accountable for violence – it
is never acceptable
Health Care Providers

Do‘s Don‘t
• Introduce the programme to senior • Hold long meetings
clinic officials • Schedule meetings in the morning hours
• Get top staff support • Hold meetings inviting all the health
• Involve them in decision making about workers from the same clinic on the same
the programme and how it can help day
them improve services • Hold meetings during public health days
• Understand their constraints and help • Have too many meetings
them work within it
• Ask them to facilitate activities
• Provide them training
• Get them involved in mobilization
• Recognize their constraints – time,
staff, resources, etc
• Update them on progress
• Show them how work on VAW can
actually help reduce their work load in
the long run
• Provide them with current referral list
• Get them involved in monitoring and
evaluation
Religious Leaders

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Do‘s Don‘ts
• Clearly explain the programme • Abuse their beliefs
• Involve them • Interfere with their programmes (schedule
• Recognize them publicly events same time as theirs)
• Respect their beliefs • Reject their suggestions but try to introduce
• Give feedback new/controversial issues carefully
• Teach what is in conflict with their
Advantages teachings
• They have mandate to work with the
community Disadvantages
• Fighting GBV is in line with their • Sometimes they are subjective
mission • They tend to concentrate on their own flock
• They have appropriate facilities for • They are too busy to work with
seminars, workshops and meetings,
• They are good at mobilizing local
resources
• They have administrative structures up
to the grassroots
• They command respect and a big
following
• They meet the community regularly
SWOT Analysis
SWOT analysis stands for Strengths, Weaknesses, Opportunities and Threats. It is a
tool borrowed from the business world now regularly used in community and
organizational development work. It is designed to help groups identify internal
strengths and weaknesses, as well as external opportunities or threats that might affect
a programme that is under consideration. To conduct a SWOT analysis, groups use a
matrix like the one below and brainstorm items to go into each box.
Sample SWOT Analysis Table

Helpful Harmful
to achieving the to achieving the
goal goal
Internal origin
(attributes of the
Strengths Weaknesses
organization)
External origin
(attributes of the
Opportunities Threats
environment)

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Focus Groups
Please see the description of focus groups in the Conduct an Appraisal section.
Step 5. Incorporate Monitoring and Evaluation

Developing a monitoring and evaluation plan for the programme should be an integral
part of planning. For more information, see the monitoring and evaluation section of this
module.
Monitoring and evaluation begins with a baseline study. The purpose of a baseline
study is to provide an information base against which to monitor and assess an activity‘s
progress and effectiveness during implementation and after the activity is completed.
The baseline study gathers the information to be used in subsequent assessments of
how effectively the activity is being implemented and the eventual results of the activity.
Information is gathered through the use of indicators, which focus in on the specific type
of information needed for a baseline and to plan a program. More information and
sample indicators can be found in Monitoring and Evaluation: Indicators.
Detailed information on baseline studies is available in the Programming Essentials

section. Baseline studies should not be confused with needs assessment studies or
situational appraisals which collect information in order to design the initiative. General
information on needs assessments/situational appraisals is also available in the
Programming Essentials section.
The monitoring of a justice sector reform project, which also gathers and analyzes data
should be consistent with, but not repeat, the baseline study. Mid-term reviews, project
completion reports and other evaluations will judge progress largely by comparing new
data with the information from the baseline study.
DR Congo – Monitoring Key to Success
Monitoring a programme effectively can mean a simple change in the timing of

implementation. Women for Women International ran a Men‘s Leadership Program in
the eastern Democratic Republic of Congo. The programme held train-the-trainer
sessions in multiple communities, which all rolled out simultaneously. An evaluation of
the programme revealed that if the trainings had been sequenced, so as to allow for
monitoring and reflection upon the lessons learned in each community before starting
the programme in a new community, additional insights could have been gained and
programme improvements generated.
Source: Women for Women International. 2007. Ending Violence Against Women in
Eastern Congo.

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Step 6. Develop a Work Plan and Budget

Work planning sets the stage for programme implementation
A work plan is a document that specifies and represents a justice reform programme‘s
main activities/tasks, their sequence, timing and who will have responsibility for them
The following steps are usually involved when developing a work plan (New Zealand
Aid Programme, 2011):
 List main activities that will be necessary to meet the programme‘s goals and to
achieve the desired outcome.
 Choose realistic, appropriate time periods for specifying when activities will take
place (weeks, months, quarters).
 Break each activity down into manageable tasks. A task is something that can be
managed by an individual and is easy to visualize in terms of resources required
and the time it will take to complete.
 Specify the sequence and relationships between tasks. (What needs to happen
before this task can be started? Can two tasks be carried out at the same time?)
 Consider human resources, including work schedules, seasonal schedules, and
other ongoing projects.
 Estimate the start time and duration of each task. This may be represented as a
line or bar on a chart. Be careful to:
o Include all essential activities and tasks;
o Bear in mind workloads on individuals (peaks and troughs of work) and
identify where additional assistance may be needed; and
o Be realistic about how long a task will take.
 Identify key events or achievements (milestones) by which monitor progress.
These are often dates by which a task will be completed (e.g. new curriculum
drafted by September 20XX).
 Agree on and assign responsibilities for tasks with staff, volunteers, and other
members of the programme team.
Sample Work Plan

In planning for a justice sector reform initiative in former Soviet Union countries, The
Advocates for Human Rights planned that one programme component would be a
three-day training on monitoring implementation of laws. The training was designed to
provide information to advocates and legal system personnel from 10 countries on
strategies and techniques for monitoring the implementation of new domestic violence
laws by police, prosecutors, judges and other agencies. The following work plan broke
up the programme into manageable activities and created a timeline of work.
Months from initial funding

Activity Name 1 2 3 4 5 6 7 8 9 10 11 12
Define training goals

X X
and identify trainers

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Confirm training
facilities and X
accommodations
Publicize training to
advocates in target X X
countries
Receive participant
applications for training, X X X
select participants
Develop training
curriculum and select
X X X X X X
and create training
materials
Make arrangements for
travel and X X X X X
accommodations
Conduct training
X
Budgeting makes programme implementation possible

A budget estimates the costs as accurately as possible for each activity set out in the
work plan. A budget should distinguish between one-time costs, such as equipment
purchase, and ongoing costs, such as salaries and operating expenses (New Zealand
Aid Programme, 2011).
The steps involved in budgeting include:

 Develop a work plan.
 List the activities from the work plan in the left hand column.
 For each activity make a list of all the inputs required to complete the tasks
involved.
 Group the inputs so that the cost information can be summarized into cost
categories such as salaries, equipment, materials, transport, incentives, space
rental, hospitality, and overhead. For each category decide on the most
appropriate units to use for the different inputs, e.g. person, months, number.
 Look at the work plan and see when the tasks are going to be carried out and
then specify the quantity (in units) required for each budgeting period.
 When there are different funding sources for certain activities, allocate costs to
the respective funding source and show this in the budget.
 Use the costs for different time periods and then add these to come up with a
total activity cost.
 The final column can be used to list the recurrent costs. (These are the annual
maintenance costs that will be required to keep the benefits flowing from the
activity after it has finished, e.g. the salaries of local staff.)
 Finalize costs and total them to come up with a final budget estimate for the
programme.

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For more information and ideas about budgeting see Mango‘s Budget website. Mango
is a UK-based non-profit focused on helping non-governmental organizations with
financial management.

FORMAL SECTOR
FORMAL JUSTICE SECTOR
MAIN STRATEGIES
The formal justice sector, consisting of the state government and its judicial officials,
including judges, prosecutors, and court administrators, is charged with providing a fair
and effective judicial response to acts of violence against women and girls. An effective
judicial response prioritizes victim safety and offender accountability. It includes the
opportunity to access redress for violence in a timely manner, the avoidance of re-
victimization, and the enforcement of legal remedies, including appropriate sanctions
and/or punishment for perpetrators. Main strategies to improve access to justice in the
formal sector for women and girl survivors of violence are:
 Reform Discriminatory Laws

 Improve Response to Survivors
 Provide Training & Capacity Development
 Promote Rights-Based Education & Awareness
 Perform Regular Monitoring & Evaluation
Another important component of justice sector reform related to violence against women
is collaboration amongst stakeholders and across sectors. This type of collaboration is
known as a coordinated community response (CCR) to violence against women. Where
coordinated responses do not exist, at a minimum, referral mechanisms should be in
place. More information about a coordinated community response can be found on the
CCR Section of this website.
Reform Discriminatory Laws

Creating a legal framework that respects the human rights of women and girls is a
critical step in justice sector reform. Access to the justice system is meaningless unless
laws guarantee the rights of women and girls. From the constitution to national,
regional, and local laws, the legal framework should reflect international principles of
human rights, including the international agreements that enshrine women‘s rights.
Justice sector reform efforts should include a comprehensive review of laws that
discriminate against women, directly or indirectly, to identify the gaps between
international standards on women‘s rights and national legislation as written. Laws
should criminalize violence against women and girls, but legal reform must go well
beyond criminal laws. Reform of laws should also ensure that the legal framework
provides civil remedies for violence and assures the equality of women in all justice
sector processes.
Though certain laws may not directly relate to violence against women, they may
facilitate this violence. For example, laws which discriminate against women in marriage

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may involve many issues: a woman‘s civil status, her ability to enter a marriage of her
own choosing, her legal capacity to own and administer property, her right to inherit, her
right to her own nationality, and her rights and responsibilities with regard to her
children. Abrogation of these rights makes women more vulnerable to violence. For
example, a woman who has no rights in her home or land may be more likely to stay in
an abusive relationship. The fear of loss of child custody or even visitation is another
powerful barrier to leaving an abusive relationship. Or, she may be forced into
homelessness by a spouse who takes another partner or wife and become at increased
risk of sexual assault. A young girl without citizenship status may be more easily forced
into an early marriage, and may be more likely to be victim of sexual assault (e.g. forced
sex and marital rape) within marriage. A woman with no property may be more
vulnerable to many forms of violence.
The Knowledge Module on Legislation examines specific laws on different types of

violence against women and makes recommendations for change. The section on
Advocating for New Laws or the Reform of Existing Laws in the Legislation module
contains detailed information on the process of reforming unjust laws.
See the Programme Implementation Section on Strategies for Reforming Unjust Laws
for more guidance.
Improve Response to Survivors

Women and girls face numerous barriers to receiving justice in many countries. Victims
of violence are aware that they won‘t be believed and that they could be ostracized or
treated with disdain. They are concerned for their safety and the safety of their families,
cognizant that dangerous consequences may ensue if they approach the justice
system. They may not have the capacity, opportunity, or the funds to travel to a court or
relevant government office. They may not be able to read information about the justice
system, and they may not understand the language used by the justice system. They
may not have money for child care or for court costs and filing fees. Many victims lack
faith in the justice system, and with good reason: most cases of violence are not
effectively prosecuted and sanctioned by the state and victims are often re-victimized by
the justice system. Re-victimization occurs when women and girls are afraid or unable
to access the justice system, when they are not treated with respect and concern by the
justice system, when the justice system does not give them the assistance and support
needed to rebuild their lives, and when the perpetrator goes unpunished. Many of these
barriers are embedded in the infrastructure, policies, and practices of the formal justice
system.
Immigrant and other marginalized women and girls such as those with disabilities face
additional challenges and a responsive justice system should anticipate and meet these
challenges for its most vulnerable citizens.
The justice system should improve its response to survivors of violence by addressing
these barriers. It must implement timely resolution of violence cases (3-6 months from

FORMAL SECTOR
first report) with a wide range of remedies for survivors, such as orders for protection,
restitution, compensation, health and psychological assistance, and employment
assistance. These barriers must be eliminated, including: corruption, lack of
transparency, unenthusiastic and ineffective prosecutions, fees for medical
examinations and court costs, unsafe courtroom design, lack of rural infrastructure, low
female representation amongst the judiciary and its staff, insufficient record keeping,
and poor courtroom management which allows delays, for example.
In fact, many survivors of violence are at further risk whenever they try to access the
justice sector. By exposing the violence they experienced to the public eye, they risk the
anger of the perpetrator and the indifference and hostility justice system professionals
may display toward their case. Because of this reality, the primary goal of all justice
sector actions should be victim safety.
Provide Training & Develop Capacity

The capacity of the justice sector is not adequate to address the needs of women and
girl survivors of violence in many countries. Basic knowledge on the forms of violence
against women and their effect upon women and girls is lacking in many parts of the
world. Addressing violence against women has long been a low priority of state
governments, and this is reflected in the inadequate public budgets for systems
designed for victims of violence and for training actors in the systems. Specialized
courts which have expertise in gender-based violence should be widely available and
should supplement the knowledge base of other courts. States should dedicate
sufficient resources to court infrastructure, including computers, office equipment, and
safe courtrooms. States should establish, maintain, and update data collection systems
on cases of violence to document the prevalence of violence, to keep track of repeat
offenders so perpetrators may not avoid the consequences of re-offense, and, most
importantly, so that the safety of women and girls is enhanced. Justice personnel,
including court administrators, court clerks, bailiffs, and judges, referees, and
magistrates at all court levels should receive regular and updated training not only on
the laws but on all aspects of violence against women and girls and the issues faced by
survivors. These trainings should be financed from state funding, involve women‘s rights
NGOs, and supported by comprehensive protocols and guides which promote victim
safety and offender accountability.
Promote Rights-Based Education & Awareness

Social acceptance of violence against women is pervasive worldwide, particularly in the
case of domestic violence. Acceptance of violence is perpetuated when women and
girls are unaware of their rights under the law and when social attitudes that perpetuate
violence remain unchallenged. Rights-based education, for women and for communities
as a whole, is an important component of justice sector reform as it prepares women to
claim their rights and advocate on their own behalf. Justice sector reform programmes
must be cognizant however of the fact that two-thirds of adult women in the world are
illiterate, making rights-based education for women and girls a unique challenge
(UNESCO, 2008). Rights-based education for women, girls, and their communities can

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nevertheless be effective in changing attitudes and slowly reversing social norms that
restrict their access to justice. An important component of this process is education
which provides an understanding of children‘s rights under the law. Rights-based
education must be paired with provision of strong and effective services, so that women
who become aware of their rights have avenues through which to claim them.
Perform Regular Monitoring & Evaluation

Regular monitoring and evaluation of programme activities is critical to ensure that
implementation of programmes remains focused on the ultimate goal of ensuring safety
for women and girls, as well as accountability for perpetrators. Monitoring and
evaluation begins with the collection of baseline data, continues with regular monitoring
of systems that impact the programme as well as collection of data on designated
performance indicators, and concludes with a final evaluation of the programme that
compares outcomes to the data gathered during the baseline period. This process
allows for continual programme improvements, ensures that goals and objectives are
met throughout the process, and ultimately helps to ensure that the women and girls
who need justice remain at the centre of programmatic work.
See the monitoring section for detailed guidance.

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CHALLENGES
 Formal Sector Reflects Wider Societal Biases
 Women May Not Have Immediate Capacity to Use the Formal System
 Limited Capacity/Resources to Change in the Short-term
 Little Motivation to Reform
 Limited Power to Change
 Evidence-base for Reforms May Not be Available
 Lack of Resources to Implement Reforms Effectively
Formal Sector Reflects Wider Societal Biases

 Acceptance of the subordination of women, which often is codified and
institutionalized in the formal sector, contributes to unequal laws and practices
which violate women‘s human rights.
 The subordination of women can be exacerbated by other biases such as against

race, sexual orientation, and disabilities.
 Women may fear that they will be shamed by the justice sector and their
community if they report violence. Many people including judges and other actors
in the formal justice sector, condone and/or falsely believe that women bring on
violence by their actions, such as arguing with a spouse, dressing provocatively
to go out, or walking alone at night. Women are often blamed for the violence
perpetrated against them.
 Customs or traditions may not allow women to access the justice sector. In some
countries, women may not travel alone, drive a vehicle, or may not spend a night
away from home.
 Evidentiary rules may be biased against women. For example, in some countries,
a woman‘s testimony is worth less than a man‘s testimony, or the burden of proof
may fall on the victim instead of the state, for example in cases of rape.
 These longstanding social attitudes may be difficult to change but may also be a
critical prerequisite for all other types of justice sector reforms.
Women May Not Have Immediate Capacity to Use the Formal

System
 Women have greater literacy challenges, are poorer, work longer hours, and
have more responsibilities at home than men in most countries. Without the
ability to understand written documents from the formal court and without the
time or financial resources to access the formal courts, women generally need

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substantial support to increase their capacity before they can access the formal
system.
 Physical access to courts can be even more problematic for women if there are
social restrictions on their ability to travel, and if they cannot leave their domestic
duties or if they do not have the financial resources in order to travel.
 Local power dynamics, often male-controlled, may not be supportive of a

woman‘s desire to access the justice system.
 The formal justice system is often seen as rigid and unresponsive to women‘s
needs and is often staffed largely by males unwilling or untrained to handle
gender-based violence.
 Women may prefer to access the informal justice system which is often just as
discriminatory, and sometimes even more so, than the formal system.
Limited Capacity/Resources to Change in the Short-term
 A lack of resources dedicated to the justice sector as a whole can present a

significant barrier to change. The courts often are understaffed, overworked, and
under-resourced. Qualified judges, prosecutors, or staff may be lacking. Staff
may be vulnerable to corruption.
 Resources are often lacking on the most basic level- not enough copies of the
law, computers, copy and fax machines, etc.
 Infrastructure may be lacking or may be in poor condition. Basic structural needs

such as secure waiting rooms, interview rooms, and holding facilities may be
lacking.
 Communication and coordination between ministries and local level judicial

systems is poor.
 There is often a large backlog of cases which impedes reform efforts, in addition
to delaying justice.
 Lack of fiscal resources within a country to hire additional staff required to

implement change.
 Lack of appropriately-trained professional staff to implement change.
 Competition between ministries for scare programme resources.

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Little Motivation to Reform

 There is a lack of political will to change existing policies and infrastructure to
support a greater response to violence against women and girls. As a result,
budgets are insufficient, improvements are slow or nonexistent, and training may
be dependent upon outside funding, which affects sustainability of programmes.
 Training for new judges and prosecutors and ongoing training for existing judges
and prosecutors may be insufficient on international women‘s human rights
principles and country laws, policies, and procedures.
 Stakeholders (judges, prosecutors, politicians, and others) may have an interest

in maintaining the status quo, thus contributing to women‘s mistrust of the justice
sector.
 There may be a lack of national qualification standards for judges and
prosecutors. Without a clear statement of criteria, appointments may be made
based upon influence or prejudice.
 There may be a lack of detailed codes of ethical conduct for judges and
prosecutors.
 Criminal procedure codes may impinge on rights of parties and should allow for
timely trials, legal counsel, and other basic rights.
Limited Power to Change

 Other branches of government may interfere with judicial independence.
 Complex and technical judicial procedures are challenging for all, including
lawyers.
 Reform of the justice sector, in particular related to the human rights of women,
can be highly politicized which limits the ability of courts to unilaterally reform
themselves and may slow any process of change.
Evidence-base for Reforms Is Still Weak

 Monitoring bodies are often non-existent, are underfunded, and lack
independence.
 Limited communication between state officials such as judges and prosecutors

and bar associations on goals of human rights in justice system impedes
likelihood of monitoring by bar associations.

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 Crimes of violence against women and girls are underreported and statistics do
not reflect realities. Many statistics are not sex-disaggregated. Many criminal
justice data collection systems do not have the capacity to provide information on
case histories and dispositions.

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PROGRAMME IMPLEMENTATION
Where to begin?
Implementation of strategies should be adapted to specific local and national country
contexts. They must be prioritized considering the needs of survivors in the country, the
availability of resources, and national policies and protocols. Training may not be the
most effective first step. A possible sequence of implementation strategies is:
 Prioritize reform of laws, policies, procedures, and practices which prevent
access to justice or which actively harm survivors such as rape laws which allow
the perpetrator to escape punishment by marrying the victim. For full guidance,
see the Legislation module. For national justice strategies, see the International
Development Law Organization.
 Mount an effective advocacy campaign targeted at reforms. (For full guidance,
see the Advocating for New Laws or the Reforming of Existing Laws module.)
 Appoint specialized staff at entry points of justice system to provide respectful
and helpful information to victims;
 Monitor the performance of prosecutors and judges on cases of gender-based
violence and hold them accountable for failing to enforce laws;
 Upgrade the infrastructure of the justice system, such as office equipment,
forensic supplies, investigation and transport resources; and
 Train prosecutors and judges on laws and dynamics of gender-based violence
(Morrison et. al. 2004).
Reform Discriminatory Laws
Treaty Ratification
A first important step in reforming the justice sector to end violence against women is
ensuring that the government has ratified key international treaties related to the human
rights of women and girls. Important treaties to ratify include:
 Convention on the Elimination of All Forms of Discrimination Against Women:
States parties to CEDAW submit regular reports to the Committee on how the
rights protected by the Convention are implemented in their country. The
Committee considers each report and issues concluding observations and
recommendations in response.
 Optional Protocol to the Convention on the Elimination of all Forms of
Discrimination against Women
 Convention on the Rights of the Child
 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
 Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography

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 Optional Protocol to the Convention on the Rights of the Child on the

involvement of children in armed conflict
 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime
 Rome Statute of the International Criminal Court
 Convention on Consent to Marriage, Minimum Age for Marriage and Registration
of Marriages
 The Geneva Conventions of 1949 and their Additional Protocols
 Convention of Belém do Pará
 Protocol to the African Charter on Human and People‘s Rights on the Rights of
Women in Africa
 Council of Europe Convention on Action against Trafficking in Human Beings
What is discrimination against women?

Discrimination against women has been defined as ―any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field.‖
(Source: United Nations. 1979. Convention on the Elimination of All Forms of
Discrimination against Women, Article 1.)
The majority of countries already have agreed to be bound by international treaties that
support women‘s human rights. For those that have not, the following strategies may be
employed:
 Promote an understanding of the utility of the proposed document in protecting
women‘s rights.
 Develop a strategy to adopt the human rights document directed at state officials
who have the power to promote its ratification.
 Identify and involve key stakeholders in the country who will support ratification.
 Involve international supporters who can demonstrate benefits of ratification.
 Involve the public, including those who will be most affected by ratification, such
women‘s NGOs.
 Partner with women‘s NGOs to garner public support through awareness
campaigns and media presentations.
Even though the government may have ratified these treaties, it may have made
reservations (i.e., claimed to be exempt from certain provisions) at the time of
ratification. If ratifications limit or deny the rights of women, a key focus of reform should
be advocacy to remove the reservations. For more information on selected key human
rights documents on violence against women, see the section on Guiding Principles in
the Knowledge Module on Developing Legislation to End Violence Against Women and
Girls.

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Madagascar – Ministry of Justice in Madagascar Partners with NGO
In order to achieve legal reforms, to increase the implementation of women‘s human

rights, and to raise the awareness of magistrates on gender-based violence, the
Ministry of Justice (MOJ) in Madagascar partnered with the Women‘s Legal Rights
Initiative Madagascar (WLR) to publicly support amendments to increase age of
marriage, establish equal rights for women, and increase implementation of
women’s human rights. A key component of the partnership was creation of a
Memorandum of Understanding (MOU). The MOU detailed the terms of cooperation
between the MOJ and WLR, specifying that the parties would:
o Establish 4 regional consultations with civil society organizations on proposed
amendments to the family code. (6 consultations reached 300 participants.)
o Create a public awareness campaign with brochures, posters, and radio
announcements about the proposed amendments. (More than 3000 brochures were
distributed.)
o Create a training strategy with the Magistrates School on the implementation of
women‘s human rights treaties. (200 legal professionals and 200 law students were
trained and the school now offers the training as part of its curriculum.)
Source: USAID. 2007. The Women‘s Legal Rights Initiative: Final Report.
 Tool: Memorandum of Understanding (Ministry of Justice and The Women‘s Legal

Rights Initiative, 2006). Available in English.
Incorporation of International Standards

There are also many non-treaty sources of standards on violence against women and
justice sector reform. First and foremost, laws should be based on definitions and
understandings established in the1979 Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW). CEDAW specifies that governments should
take ―all appropriate measures, including legislation, to ensure the full development and
advancement of women…‖ (Art.3) CEDAW requires States Parties to ensure the
equality of men and women through laws, establish legal protection of the rights of
women, and take all appropriate measures to modify or abolish existing laws,
regulations, customs and practices which constitute discrimination against women.
(Art.2)
Related to justice sector reform more generally, advocates should advocate for adoption
of laws and regulations that are based on the following United Nations guidelines:
 Basic Principles on the Independence of the Judiciary
 Guidelines on the Role of Prosecutors
 Basic Principles on the Role of Lawyers
 Basic Principles and Guidelines on the Right to a Remedy and Reparation
 United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo
Rules)

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Tools:
 CEDAW Interactive Benchbook (Ateneo Human Rights Center, 2008).

Available in English. For judicial practitioners, this benchbook focuses on
how courts, through the development of case law, can uphold the rights of
women using the CEDAW framework. The benchbook includes examples of
cases, particularly cases of violence against women, and temporary special
measures which can be utilized to achieve women‘s equality.
 Checklist for Domestic Application of International Law (Avon Global Center

for Women and Justice). Available in English. This tool highlights the main
issues to consider when using international law at the domestic level.
Constitutional Reform
Constitutions should enshrine and guarantee women‘s human rights without exception.
In particular, constitutions should:
 Prohibit discrimination based on sex.
 Guarantee equal rights and legal protection to both women and men.
 Guarantee equal rights and responsibilities between women and men in marriage
including consensual unions, civil marriages, and customary marriages.
 Guarantee a woman‘s right to own, administer, and control property and land.
 Provide equal rights to women and men in inheritance and succession.
 Specify that conflicts between formal and customary laws are to be resolved in a
manner that guarantees equality and non-discrimination.
 Exclude provisions that allow for exceptions that discriminate on the basis of
gender, such as mandatory age of marriage set lower for females than for males,
inheritance laws which favor male heirs, citizenship regulations which place a
child‘s citizenship only with the country of the child‘s father and not the mother,
and other customary or traditional practices which are not codified in law, such as
women being forced to give up their land upon the death of a husband.
Kenya – New Constitution a Chance for Significant Gains for Women

Kenya passed a new constitution in August 2010. The new document contains
numerous provisions related to the rights of women, and civil society groups in Kenya
are making a major effort to ensure that these provisions are implemented effectively to
secure gains for women. Violence against women is now explicitly a constitutional
matter – Art. 27(3) explicitly demands equal treatment for women and men and Art. 29
states that every person has the right not to be subjected to any form of violence from
public or private sources. Also, the changes made by the constitution relative to vetting

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the judiciary, the structure of the police, and the mandate for devolved government
could have a substantial impact on the way that crimes of violence against women are
addressed. In order to take advantage of this transitional moment, the organization
CLICK (Centre for Legal Information and Communication in Kenya) is working closely
with parliamentary committees, the constitutional implementation commission and other
bodies focused on constitutional implementation to provide expert input into how the
provisions of the new constitution are operationalized.
Source: Interview with Makoyo. Executive Director, CLICK. 2011.
Review and Reform of Legislation

Law reform should start with a comprehensive review of laws and their impact on
women‘s ability to claim justice for violence. Justice sector reform processes should
advocate for changing discriminatory laws by including provisions that support the
human rights of women and amending provisions which discriminate against women.
Specific strategies include:
 Support the reform of procedural and evidentiary policies and laws which devalue
or disallow a woman‘s testimony. For example, in some countries, a woman‘s
testimony is valued less than a man‘s testimony and in others two or more men
must have witnessed an act of sexual violence against a woman.
 Abolish the requirements of corroboration, force, and physical evidence for

crimes of sexual assault.
 Defenses such as ―honor‖ and provocation should not be allowed in cases of

violence against women.
 Recognize and account for the context of violence when women use violence
against their abusers. Incorporate claims of self-defense and a requirement to
discern the primary aggressor.
 Perpetrators who are under the influence of alcohol or drugs should not be
absolved of responsibility in cases of violence against women and girls.
 Ensure that courts can protect women through orders for protection and
restraining orders, and that violation of protective orders is criminalized.
 Ensure that constitutional protections against discrimination in marriage are

codified in statutory law to ensure effective protection of women and girls. For
example, divorce or custody laws should comply with constitutional provisions
that guarantee equality to women in marriage and family relations.

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 Ensure that courts can address economic concerns of women and girl victims of
violence, including maintenance, alimony, and child support. Economic justice is
an important foundation for independence from battering.
 Ensure that reforms address inconsistencies among and within laws.
 Improve the status and opportunities of girls and women who do not have official
identification documents. The lack of such documents creates lifelong problems
in claiming such basic rights as education, participation in economic life,
participation in political life, and claiming property rights through inheritance.
 Ensure that reforms address marginalized women such as migrant women who
are often subject to violence. Permit access to justice to women independently of
their immigration status and do not punish them (e.g. denounce them to the
immigration authorities) for coming forward for redress from gender-based
violence.
 Support the reform of inequalities which exist in property and land ownership
laws, citizenship laws, inheritance laws, family laws, marriage laws, divorce laws,
dissolution, adoption, and employment laws. Laws that codify women‘s
subordinate status in the community and family are directly related to problems of
Turkey – Tougher Sanctions for Violence Against Women and Girls

After a massive campaign waged by civil society organizations in Turkey, the Turkish
Penal Code was amended to abolish provisions that legitimized violence against women
and girls in 2004. During the reform process, 30 amendments concerning gender
equality and women were incorporated into the Penal Code.
Reforms include overarching definitions of sex crimes (i.e., no requirement of

penetration), longer sentences for sex crimes, the criminalization of sexual harassment
in the workplace, and the criminalization of marital rape. The amendments also prevent
perpetrators of so-called ―honor killings‖ from receiving sentence reductions and prevent
perpetrators of sexual violence from receiving sentence reductions when they marry
their victims. Additionally, terms such as ―honor,‖ ―morality,‖ ―chastity,‖ and ―decency‖
were removed from the Penal Code, as was the idea of ―consent‖ in instances of sexual
violence. The Turkish Penal Code reform movement demonstrates that even in tough
political environments (a conservative government came to power in 2002) persistent
civil society lobbying can lead to changes in laws that legitimize violence against women
and girls.
Changes in laws may have unintended consequences for women and girls. In Turkey,
the enforcement of full sentences against ―honor‖ killers has caused some deaths to be
disguised as suicides and some forced suicides.

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Sources: Anil, Arin, Hacimirzaoğlu, Bingöllü, İlkkaracan, and Amado. 2005. Turkish Civil
and Penal Code Reforms From a Gender Perspective: The Success of Two Nationwide
Campaigns. and Bilefsky. 2006. How to Avoid Honor Killing in Turkey? Honor Suicide.
Egypt – Legal Rights for Women and Children

In Egypt, a significant number of women and children do not have a birth certificate or
an identification card, making them ineligible for many social services, including primary
education and pensions. A programme was designed to reduce barriers that women
and girls face when accessing services and to offer them more opportunities to exercise
their human rights. Strategies included: A nation-wide awareness campaign on the need
for registration; educating legislative and governmental officials at all levels on the need
for procedural and legal reform on registration; targeting assistance to minor girls in
poverty-stricken households in obtaining birth certificates and identification cards; and
training social service and health workers, other members of civil society, and registry
officials on how to teach families about the importance of registering their children and
on current registration procedures.
Source: World Bank. 2009. Initiatives in Justice Reform 2009.
Bangladesh- Legislating against Acid Violence
Acid attacks involve intentional acts of violence in which perpetrators throw, spray, or
pour acid onto victims‘ faces and bodies. It is a form of gender-based violence that is
prohibited by international law. Legislative reform can play an important role in
addressing this devastating form of violence. Laws should be enacted that both
appropriately punish the perpetrators and limit the availability of acid. Acid availability is
linked to the prevalence of acid attacks and when the sale and use of acid is regulated
the rate of acid violence decreases. Bangladesh, Cambodia, and India have the highest
rates of recorded acid violence, but of those countries only Bangladesh has
implemented laws to curb the easy availability of acid. Since 2002, when those laws and
others relating to acid violence were adopted, Bangladesh has seen acid violence drop
by fifteen to twenty percent a year. Several other countries—Cambodia, for example—
are now considering the adoption of new legislation to more effectively address the
problem of acid violence.
Source: Avon Global Justice Center for Women and Justice et al., Combating Acid
Violence in Bangladesh, India, and Cambodia (2011).
Laws in areas such as commerce, property, and inheritance are directly connected to
violence against women due to the effect which resources an economic autonomy have

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upon independence, decision-making, and status. Poverty can increase the vulnerability
of women and girls to violence, and violence against women and girls can contribute to
their poverty as for example when girls leave school due to forced marriage or
prostitution or women miss/are unable to work due to violence.
Commercial and Labour Laws

 Support the reform of commercial and labour laws which discriminate against
women, including employment discrimination on the basis of gender. These laws
may affect the ability of a survivor of violence to leave a situation of violence, to
report the violence, or increase her vulnerability to further violence.
 Support the repeal of laws and the prohibition of practices that: disallow women
from entering into contracts; disallow women from accessing financial credit or
precondition their access on male consent or guarantee; restrict a woman from
holding property as the sole owner; disallow women from administering their own
business; limit a woman‘s right to effectively realizing or retaining her right to
shared property with a man; restrict women‘s right to choose her domicile on the
same basis as men; and directly or indirectly discriminate in the access by
women to work.
Property Laws
 Support the reform of property and land laws to grant women the same right to
own, manage, use and dispose of property that men enjoy. These laws should
protect women‘s right to own, administer, and dispose of equal shares of
property during marriage and at its dissolution.
 Support the repeal or amendment of laws that grant males a larger share of
property at the dissolution of a marriage or upon a spouse‘s death.
 Support laws which accord equitable weight to monetary and non-monetary
contributions, including unpaid domestic labour or agricultural work, upon division
or distribution of joint marital property.
 Support laws that ensure that women have an equal right as men to be
beneficiaries of agrarian reforms and land redistribution schemes.
Marriage, Inheritance and Family Laws

 Support the reform of inheritance laws to ensure that women are entitled to
inherit on an equal basis with men, including in equal shares and equal rank in
the line of succession.
 Work to repeal any laws that prevent women from inheriting on an equal basis at
the death of a spouse.
 Work to repeal any laws that grant restricted rights of inherited property to a
woman.
 Support the repeal and prohibition of laws and practices that allow polygamous
marriages. Polygamous marriages are also considered unequal terms of
marriage in international law (CEDAW General Recommendation 25) and may
make a woman more vulnerable to violence.
 Work to repeal laws and practices that deny women equal rights and
responsibilities with regard to their children. In countries that do not grant women

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the equal opportunity to apply for or retain custody of their children, women may
decide to stay in abusive relationships in order to maintain access to their
children. Strategies include:
o Support laws that state that both parents, regardless of marital status, share
equal rights and responsibilities for their children, including with regard to their
guardianship, wardship, and trusteeship.
o Support laws which deny custody, guardianship, wardship, and visitation
privileges to the biological father who committed the rape in cases where a
child is conceived and born of an act of sexual assault.
o Support laws which restrict the custody and visitation rights of violent parents.
Tools for Reforming Laws:
 Extensive information about reforming legislation is available in the Legislation

module of this website.
 Respect, Protect and Fulfill: Legislating for Women’s Rights in the Context of
HIV/AIDS (Canadian HIV/AIDS Legal Network, 2009). Volume One is on Sexual
and Domestic Violence, Volume Two is on Family and Property Issues. Available
in English.
 United Nations Handbook for legislation on violence against women (United
Nations Department of Economic and Social Affairs and Division for the
Advancement of Women, 2009). Available in Arabic, Chinese, English, Spanish,
Russian, and French. A PowerPoint presentation on this United Nations model
framework is available here. A video dialogue between two experts discussing
the model framework is available here.
 Supplement to the Handbook for Legislation on Violence Against Women:
―Harmful Practices‖ Against Women (United Nations Division for the
Advancement of Women and United Nations Economic Commission for Africa,
2010). Available in Arabic, Chinese, English, Spanish, Russian, and French.
Morocco – Discriminatory Personal Status Laws Reformed

In 2004, Morocco‘s Parliament made groundbreaking changes to the family code
(moudawana) concerning family law matters. Before the 2004 moudawana reforms
introduced more equitable and streamlined divorce procedures, women were
sometimes mired in divorce proceedings for 10-15 years as they attempted to prove
―mistreatment,‖ whereas men could simply hand their wives a divorce letter. Now, both
men and women can cite ―irreconcilable differences‖ in a process that, legally, should
last six months or less.
Women can now initiate a marriage without the permission of a male family member
and the legal age for marriage has been increased from 15 to 18 years of age.
Significantly, men are legally obligated to ask their first wives for permission before they
are allowed to marry a second wife. Although the moudawana continues to leave
women disadvantaged in certain circumstances, it represents a significant victory for
greater gender equality in Morocco. The moudawana reforms demonstrate that even in

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a deeply conservative society, relatively progressive legislation is possible when the

head of state and civil society organizations push for change. Source: Harrak. 2009.
The History and Significance of the New Moroccan Family Code.
Implementing legal reform
Legal reform does not end with the passage of a new or amended law. Strategies for
successful legal reform beyond changing the language of the law include:
 Advocate for development of rules and regulations necessary to implement the
law. For example, see Rules of Procedure in Cases of Family Violence
(Government of Croatia and Ministry of Family, Veterans‘ Affairs and
Intergenerational Solidarity, 2008. Available in Croatian and English (p. 25).
 Ensure that implementing regulations are enacted in a timely manner, within 6
months of the law coming into effect.
 Support national action plans that delegate implementation responsibility to
specific ministries or government offices and that authorize funding for
implementation.
 Support national action plans that incorporate a plan for regular monitoring and
evaluation of the reformed law.
 Provide advocacy for women and girls to help them access remedies for
violence. See section on establish and expand legal assistance programmes for
women and girls.
See sections on Implementation and Advocating for New Laws or the Reform of Laws in
the module on Legislation.
Engage in Strategic Litigation
Ongoing human rights monitoring (more information is available in the Legislation:

Monitoring section of this website) can often provide the basis for identifying cases that
should be litigated as part of an overall strategy of justice sector reform – this is known
as strategic litigation, also called impact litigation or public interest litigation. Strategic
litigation uses the justice sector to achieve legal and social change through test cases.
Strategic litigation is also sometimes called impact litigation because it seeks to have an
impact beyond the actual outcome of the case. Unlike the provision of legal services,
strategic litigation‘s goals are broader than helping an individual client. Even if losing the
case is the most likely result, organizations may decide to engage in strategic litigation
as part of a broader campaign on a human rights issue. Strategic litigation can be used
to:
 Change law or policy that violates the constitution or international human
rights norms
 Identify gaps between domestic legal standards and international human
rights standards
 Ensure that laws are interpreted and enforced properly

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(Rekosh, 2003).
Strategic litigation can be conducted in any judicial forum, whether local or national
courts, or before international judicial and quasi-judicial bodies. Strategic litigation has
been used for many years to advance civil and political rights, women‘s rights, the rights
of indigenous people and other minorities, the rights of prisoners, the rights of children,
housing rights, and many other human rights issues.
Potential Benefits of Strategic Potential Risks of Strategic

Litigation Litigation
 Win a desired outcome for the  Unduly burden client
client or group of clients  Political backlash
 Set important precedent  Risk safety of client, especially
 Achieve change for similarly marginalized groups
situated people  Privilege political or strategic
 Spark large scale policy goals over individual goals
changes  Set bad precedent
 Empower clients  Undermine judiciary by
 Raise awareness highlighting lack of
 Encourage public debate independence or power on a
 Highlight the lack of judicial given issue
independence or fairness on a  Expend valuable resources on a
given issue case that may be very difficult to
 Provide an officially-sanctioned win
platform to speak out on issues
when government may be trying
to silence voices on that issue
When should practitioners consider strategic litigation?
Effective strategic litigation requires that many variables come together in the right way
and at the right time. Strategic litigation is much more than a simple legal case – it is an
entire strategy and involves assessing the characteristics of the client, the legal issues,
media interest, partnerships with other groups, judicial history on this and similar issues,
costs, timing, etc. The following are some key questions to consider before starting
litigation:
 Is there a legal issue involved that exemplifies or relates to a broader social or
societal problem?
 Would a court decision be able to address the problem?
 Are your cause and the key issue in the case easy to understand for the media
and the general public?
 What is the client‘s goal and how can the lawyer help the client clarify the
goal(s)?
 What level of commitment does the client have to achieving the goals?

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 Beyond litigation, are there are other methods of achieving the client‘s goal(s)?
Are these more or less likely to be effective?
 What are the strengths and weaknesses of the client‘s case? What are the
strengths and weaknesses of the opposition‘s position? What are the legal claims
and how strong are those claims on the merits, within the system and in public
opinion?
 Who are the opponents and what is the estimated level of commitment to that
opposition? Who are their supporters?
 Who else has an interest in the issue and what are those interests? Will they
support the client‘s position?
 Will those with an interest be willing to work together on reaching a solution? Are
other actor‘s with a less defined interest able to support the issue?
 How difficult will it be to prove the case? How costly will it be?
 Is there an alternative or compromise that will meet the needs of both sides? Is
exploration of other avenues an option?
 How likely is it that the court will look favorably on the action?
 What political repercussions will follow either a win or loss in court?
 Is the legal theory clear and simple, and is the remedy easy to implement?
Questions excerpted from: Wilson, and Rasmussen, Promoting justice: A Practical

Guide to Strategic Human Rights Lawyering, 2001, at 61-62; Geary, Children‘s Rights:
A Guide to Strategic Litigation, 2009, at 8.
India and Bangladesh – Landmark Public Interest Litigation

In 1997, a group of activists and NGOs in India filed a class action alleging that the
pervasive sexual harassment of women in the workplace violated several articles of the
Constitution of India. Specifically, the action alleged that sexual harassment violated the
right to gender equality, the right to life and liberty, and the right to practice any
profession, trade, or occupation. The case was filed after the brutal gang rape of a
social worker in Rajasthan. The Court noted that the laws in India had not sufficiently
protected the rights of women workers and that the Court had a duty to ―fill the
legislative vacuum.‖ See: Vishaka and others v. State of Rajasthan, para. 3.
In its opinion, the Court stated that ―[g]ender equality includes protection from sexual
harassment and [the] right to work with dignity, which is a universally recognized basic
human right.‖ (Vishaka, para. 10) The Court also specifically referenced the Convention
on the Elimination of All Forms of Discrimination Against Women, recognizing the Indian
government‘s ratification of CEDAW and its commitments regarding women‘s rights
made at the Fourth World Conference on Women in Beijing.
Vishaka has had broad implications in India and beyond. Several cases have come
before the Indian courts and led to further interpretation of Vishaka. Moreover, in 2008,
a coalition of NGOs in Bangladesh filed a petition similar to that in Vishaka alleging that
sexual harassment constituted a violation of Bangladesh‘s constitution (Bangladesh
National Women Lawyers Association v. Gov. of Bangladesh and Others). Following

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much of the reasoning of Vishaka, and quoting the Indian Supreme Court among
others, the Supreme Court of Bangladesh issued guidelines with the force of law similar
to those issued in Vishaka.
Ethical Considerations in Strategic Litigation

One of the defining features of strategic litigation is that the broader policy goals behind
the litigation generally trump the interests of an individual client. This raises important
ethical considerations that must be extensively examined and discussed with the client
early on. In particular, if the litigation is likely to fail to bring a remedy for the client but
there are reasons to pursue it nonetheless, there are some critical questions that must
be explored:
 Should the lawyer encourage the client to continue the case despite a low
likelihood of success?
 Will the client willingly sustain a long appeals process if this is necessary?
 Does sufficient financial support exist to see the case to conclusion?
 Can the case be submitted to a regional human rights body?
 If the particular court is likely to be adverse is changing venue an option?
 Do the potential auxiliary benefits of a failure outweigh the burden of litigation the
client faces?
 What extra-legal work can be done to support the case? Will such efforts
undermine the judicial process? Will such efforts create a sustainable change in
the situation?
 Does the lawyer have a duty to explain the overall strategy to the client
regardless of whether it affects her case? Is it ethical to ―fail to inform‖ of an
auxiliary reason for the strategy? Is there ever a justifiable reason for a client to
lack awareness of the strategy?
(Wilson & Rasmussen, 2001).
Strategies to Support Strategic Litigation

 Develop the capacity of lawyers to bring public interest cases to national and
regional and international forums.
 Provide training on international human rights standards and international
jurisprudence.
 Support NGOs with legal expertise to initiate important cases to advance
women‘s rights. For example, the Zimbabwe Women Lawyers Association
advances test cases to confirm that laws are being administered in a manner
consistent with women‘s rights. See Programming Initiative on ZWLA
 Support NGO shadow reports on CEDAW.
Tools:
 NGO Participation at CEDAW sessions (International Women‘s Rights Action

Watch Asia Pacific (IWRAW Asia Pacific)) gives details on how to submit a
shadow report to the CEDAW committee, by a non-governmental organization
which distributes NGO shadow reports to CEDAW experts in advance of the
session. Available in English.

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 Working with the United Nations Human Rights Programme: A Handbook

for Civil Society (United Nations, Office of the High Commissioner on Human
Rights, 2008). Available in Arabic, English, French, Russian, Spanish, and
Chinese.
Using International Forums to Advance the Right of Women and Girls to be Free
of Violence
International forums can be effective means for recourse on violence against women
and girls. Certain criminal mechanisms such as the International Criminal Court and the
International Court of Justice hear claims by states or United Nations bodies such as
the Security Council which may involve large-scale incidences of violence against
women and girls such as mass rapes in conflict areas. International and mixed/hybrid
war crimes tribunals have been established to redress war crimes, crimes against
humanity, and genocide for atrocity crimes, including gender-related crimes, in places
like the former Yugoslavia, Rwanda, Sierra Leone, Timor Leste, and Cambodia. The
gender justice jurisprudence emerging from these war crimes tribunals has firmly
established that gender crimes can constitute war crimes, crimes against humanity,
genocide, torture, enslavement/sexual slavery, persecution, and other serious crimes,
and that even one instance of these crimes deserves redress.
Tools:
 Analysis of International Jurisprudence Involving Sexual and Other

Gender-Based Violence During Conflict (Avon Global Center for Women and
Justice, Cornell Law School International Human Rights Clinic, 2010). Available
in English.
 Progress and Gaps in International Law in Securing Justice for Survivors

of Gender-Based Violence During Conflict (Avon Global Center 2010 Women
and Justice Conference). See the video
 The Optional Protocol to the Convention on the Elimination of all Forms of

Discrimination against Women (2000) allows individuals to bring complaints or
inquiries to the independent experts of the Committee on the Elimination of
Discrimination against Women, when there has been an alleged violation of
CEDAW.
For example, in 2005, the Committee on the Elimination of Discrimination Against

Women found that the complainant, although she sought help from Hungarian civil and
criminal courts and child protection authorities, did not receive any assistance or
protection from the Hungarian government. The case involved allegations of severe
domestic violence. The Committee found that Hungary had violated the rights of A.T.
under the Convention, and made recommendations to Hungary that it act to protect the
safety of the author and act more generally to effect the rights granted under the
Convention. (A.T v. Hungary, 2005).

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Other important United Nations Mechanisms include the United Nations Special
Rapporteurs. They can bring single or joint cases of violence against women and girls
that fall under their mandate to the attention of the state or states concerned and
request the state to take preventative or remedial measures and to report back to the
Special Rapporteur.
Special Rapporteurs relevant to cases of violence against women and girls include the
Special Rapporteur on violence against women, its causes and consequences, the
Special Rapporteur on the sale of children, child prostitution and child pornography, the
Special Rapporteur on Contemporary forms of slavery, its causes and consequences,
and the Special Rapporteur on trafficking in persons, especially women and children.
Tools for Submitting Cases to International Mechanisms
 Summaries of Jurisprudence: Gender-based Violence (Center for Justice and

International Law, 2011). Available in English and Spanish.
 The Avon Global Center for Women and Justice at Cornell Law School
provides access to international instruments and case law relating to gender
violence and women‘s access to justice. A central feature of this collection is
a database of international, regional, and national court decisions that
advance gender justice, for example, in cases involving sexual violence,
intimate-partner violence, trafficking in persons, and discriminatory
inheritance or succession practices. By providing these resources free of
charge, the Center seeks to assist judges, advocates, and other users in
applying international and comparative law that advances access to justice for
survivors of gender-based violence and discrimination. Available in English.
 How to submit cases to the Committee on the Elimination of Discrimination
against Women. Available in English.
 How to submit cases to the United Nations Special Rapporteur on Violence
Against Women. Available in English.
 How to submit cases to the United Nations Special Rapporteur on the sale of
children, child prostitution and child pornography. Available in English.
 How to submit cases to the United Nations Special Rapporteur on
Contemporary forms of slavery. Available in English, French, and Spanish.
 How to submit cases to the United Nations Special Rapporteur on trafficking
in persons, especially women and children. Available in English.
Using Regional Forums to Advance the Right of Women and Girls to be

Free of Violence
A number of cases in regional forums such as the European Court of Human Rights
and the Inter- American Court on Human Rights have proven to be effective

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methods of reinforcing the duty of a state to protect women and girl victims of
violence. Selected decisions follow:
Example: In the 2007 case of Kontrova v. Slovakia, the European Court of Human
Rights affirmed the obligation of state authorities to take appropriate protective
measures when an individual‘s rights are at risk of being violated by another. In this
domestic violence case, the complainant had reported to the police that her husband
beat her and that her husband had been physically and psychologically abusing her for
a long time. A few days later, the woman‘s husband accompanied her to the police
station where she withdrew her complaint. The police did not take any further action,
and, following another incident of domestic violence a few weeks later, the husband
shot and killed the complainant‘s two children and then himself. In its decision, the Court
articulated the circumstances under which a positive obligation on the part of state
authorities arises: ―For a positive obligation to arise, it must be established that the
authorities knew or ought to have known at the time of the existence of a real and
immediate risk to the life of an identified individual from the criminal acts of a third party
and that they failed to take measures within the scope of their powers which, judged
reasonably, might have been expected to avoid that risk.‖ The Court found that the
police were aware of the risk to the complainant and her children, based on the
complainant‘s previous report of abuse suffered at the hands of her husband and his
continued threats of violence with a shotgun. The Court held that the authorities‘ failure
to launch a criminal investigation, commence criminal proceedings against the husband,
and take action regarding the husband‘s continued threats amounted to a violation of
the right to life protected by Article 2 of the European Convention on Human Rights.
Example: In the case of Bevacqua and S. v. Bulgaria, decided in 2008, the European
Court of Human Rights found that Bulgaria had violated Article 8 of the Convention for
the Protection of Human Rights and Fundamental Freedoms for failing to assist a victim
of domestic violence in the prosecution of her abuser and for failing to reach a decision
within a reasonable amount of time on the issue concerning the custody of the victim
and abuser‘s child. The victim had suffered domestic abuse at the hands of her
husband and was seeking a divorce and custody of their one child. Under Bulgarian
law, when domestic abuse consisted of a light bodily injury, the individual had to
prosecute the offender. The Court found that it was unreasonable to expect the victim to
prosecute in this domestic violence case, and that in doing so Bulgaria violated its
obligations under Article 8 of the Convention. The Court also found a violation of Article
8 on the issue of prompt response on child custody during the interim of the divorce
proceedings.
Example: In Caso González y Otras (―Campo Algodonero‖) v. Mexico (Spanish only),

released in December, 2009, the Inter-American Court of Human Rights (IACHR) found
that the Mexican government did not uphold the human rights of its citizens under the
American Convention of Human Rights and the Convention of Belém do Pará by failing
to investigate the deaths of three women in Ciudad Juarez, which has been the site of
massive, and unsolved, sexual violence and femicide since 1993. The IACHR ruled that
Mexico has the obligation to legislate and act with due diligence to prevent, investigate

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and sanction violence against women. It stated that Mexico violated the human rights of
the families of the victims by failing to guarantee their access to justice. The IACHR
ruled that the Mexican government must implement a number of remedies, including
paying more than $200,000 to each of the families of the three women, taking steps to
find the perpetrators of the femicide, and creating a monument in commemoration of
hundreds of murder victims.
Example: In April 2009, the European Court of Human Rights issued a decision
awarding damages to eight Romani women in the case of K.H. and Others v. Slovakia.
The Court found that Slovakia had violated Article 6 (right to a hearing regarding civil
rights and obligations) and Article 8 (right to family life) of the European Convention on
Human Rights by wrongfully sterilizing the women without their consent.
Example: In Opuz v. Turkey, decided by the European Court of Human Rights in June,
2009, the Court found that gender-based violence is a form of discrimination prohibited
under the European Convention on Human Rights, and that Turkey violated its
obligation to protect women from domestic violence by failing to adequately respond to
the complainant and her mother‘s reports of brutal domestic violence perpetrated by the
complainant‘s husband over a twelve-year span. Ultimately, the abusive husband shot
and killed the complainant‘s mother. The complainant brought the case after fruitless
attempts to pursue justice within Turkey‘s courts. The Court noted that although Turkey
has laws against domestic violence, the laws are not being implemented by police and
prosecutors and the judicial system is for the most part unresponsive to reports of
domestic violence. In this landmark ruling, the Court ruled that Turkey was liable for
failing to protect the deceased victim and her daughter. Additionally, for the first time the
Court held that Turkey‘s failure to respond to domestic violence amounted to a violation
of the right to non-discrimination on the basis of sex (Article 14) under the European
Convention. This is considered to be a major development in the Council of Europe‘s
legal framework for women‘s rights issues. The Court also found that Turkey had
violated the European Convention‘s right to life (Article 2) and the right to be free from
torture and ill-treatment (Article 3).
Example: In Branko Tomasic v. Croatia (2009), the European Court of Human Rights
reiterated the state‘s obligation to prevent, suppress, and punish breaches of the
criminal law put in place to secure the right to life protected by Article 2 of the European
Convention on Human Rights, as articulated in the 2007 case of Kontrova v. Slovakia
described above. The Court found that the authorities failed to fulfill this obligation.
Despite the complainant‘s allegations that the father of her child had made repeated
threats of violence and a psychiatric opinion that the man had a severe personality
disorder, he was released after a serving a short sentence. After being released, the
man murdered his wife and daughter and then killed himself. The Court found that the
steps taken by the Croatian authorities were insufficient in that they failed to search his
home or vehicle, despite his having threatened to throw a bomb at the complainant and
their daughter. Additionally, the Court stated that the psychiatric treatment ordered was
too brief, that there was no evidence it had been actually and properly administered

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while he was in prison, and that there was no assessment prior to the man‘s release
from prison in order to determine the risk he continued to pose to others.
Example: In 2010, the Inter-American Court of Human Rights (IACHR) issued rulings in
two cases involving the rape of indigenous Tlapanec women by Mexican soldiers,
Rosendo Cantú y Otra v. México (Spanish only) and Fernández Ortega y Otros v.
México (Spanish only). The Court stated that Mexico failed to uphold ―the rights to
personal integrity, dignity and legal protection‖ of the two victims. Both women were
raped in 2002 after being approached and questioned by a group of soldiers. The
women first sought justice from local authorities, but effective investigation and
prosecution of the crimes was prevented by indifference and discrimination towards the
victims. The cases were eventually turned over to Mexico‘s military courts, which ruled
there was not enough evidence to convict the soldiers. The two victims next brought
their cases to the Inter-American Commission of Human Rights, which referred them to
the IACHR. The IACHR‘s decision awarded damages of more than $100,000 to each of
the victims, and ordered that Mexico amend its legal system so that human rights
violations such as these will no longer fall under the jurisdiction of military courts.
Example: In the case of Rantseva v. Cyprus and Russia (2010), the European Court of
Human Rights held that the government of Cyprus violated the Convention for the
Protection of Human Rights and Fundamental Freedoms by failing to protect Oxana
Rantseva, a Russian citizen, from trafficking and exploitation in Cyprus. The Court
found that Cyprus violated Article 2 (guaranteeing right to life), Article 4 (prohibiting
slavery, servitude, and forced labor), and Article 5 (guaranteeing the right to liberty and
security) of the Convention. Ms. Rantseva obtained an ―artiste‖ visa to work in a cabaret
in Cyprus, however, she worked at the cabaret for only a few days. Thereafter, her
employer requested that Cypriot law enforcement and immigration authorities arrest her
for remaining in Cyprus illegally after abandoning her place of work. Instead, the
authorities returned Ms. Rantseva to her employer. Soon after, she was found to have
died under mysterious circumstances. This case is significant because the Court held
that human trafficking falls within the scope of Article 4 of the Convention, and that
Cyprus violated its obligations under this provision because its ―artiste‖ visa regime
rendered employees so dependent on their employers that an environment was created
where exploitation was likely to occur. The Court also found that Cyprus failed to
adequately train law enforcement officials to investigate when there is an indication that
trafficking is taking place. The Court also held Russia responsible for failing to comply
with Article 4 of the Convention by not investigating the recruitment aspect of
international trafficking, such as the possibility that individual agents or networks
operating in Russia were involved in trafficking Ms. Rantseva to Cyprus. The
governments of Cyprus and Russia were each ordered to pay damages to Ms.
Rantseva‘s father.
Example: In the 2010 case of Hajduova v. Slovakia, the European Court of Human
Rights found that Slovakian authorities violated the Convention for the Protection of
Human Rights and Fundamental Freedoms by failing to comply with their statutory
obligation to order that the applicant‘s former husband be detained in an institution for

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psychiatric treatment immediately following his criminal conviction for having abused
and threatened her.
In the course of criminal proceedings for the abuse and threats, it was established that
the applicant‘s former husband suffered from a serious mental illness and required
treatment as an in-patient at a psychiatric hospital. The court decided not to impose a
prison sentence and held that he should instead undergo psychiatric treatment.
Although the applicant‘s former husband was transported to a hospital, the institution
did not carry out the treatment he required, and the court did not order such treatment to
be carried out. The applicant‘s former husband was released from the hospital, and he
commenced threatening the applicant, her attorney, and others. The applicant then
brought the case, alleging violations of her rights under the Convention. The Court held
that, under the circumstances of the case, the Slovakian government had failed to take
sufficient action to protect the applicant by immediately detaining her husband for
psychiatric treatment. In coming to this conclusion, the Court noted the particular
vulnerability of victims of domestic violence and the need for state action to protect
them.
Although it will not be a complaint-based mechanism, at the European level, GRIEVO

(Group of experts on action against violence against women and domestic violence)
was established by the Council of Europe convention on preventing and combating
violence against women and domestic violence.
Regional forums include the African Court on Human and Peoples‘ Rights which hears
cases of human rights violations in African Union states and the Court of Justice of the
Economic Community of West African States (ECOWAS Court of Justice) which can,
according to its Additional Protocol, hear cases from individuals on violations of their
human rights.
Selected regional decisions follow:
Example: In Doebbler v. Sudan, the African Commission on Human and People‘s

Rights held that the lashing of eight female students violated Article 5 of the African
Charter, and requested that Sudan abolish the punishment of lashing and compensate
the women for their injuries. The women, students of the Nubia Association of Ahilia
University, were arrested for engaging in immoral activities that violated the public
order, in contravention of Sudan‘s Criminal Code, which incorporates Islamic Sharia
law. The immoral activities the women committed consisted of ―girls kissing, wearing
trousers, dancing with men, crossing legs with men, sitting with boys, and sitting and
talking with boys.‖ The women were punished with fines and between 25 and 40
lashes. The lashing took place in public by use of a wire and plastic whip. The wire and
plastic whip were unclean, the lashing was not under the supervision of a doctor, and
the women were bareback in public while they were lashed. The Commission found that
the lashing violated Article 5 of the African Charter on Human and Peoples‘ Rights. It
requested that Sudan abolish the punishment of lashing and compensate the women for
their injuries.

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Example: In Koraou v. Niger (2008), the Court of Justice of the Economic Community of
West African States (ECOWAS Court of Justice) held that the Republic of Niger was
responsible for the experienced by Hadijatou Mani Koraou. When she was twelve years
old, Koraou‘s tribe leader sold her as a domestic servant and concubine to a forty-six-
year-old man, El Hadji Souleymane Naroua of Hausa. For nine years, Ms. Koraou
spent her days performing domestic duties for Mr. Naroua while being subjected to
forced sexual acts. Nine years after Ms. Koraou was sold, Mr. Naroua presented Ms.
Koraou with a document of emancipation. However, he refused to let her leave the
house and claimed that Ms. Koraou was his wife.
Ms. Koraou began legal action, but prior to a final determination on the proceedings,
she married another man. After he learned of this other marriage, Mr. Naroua brought a
charge of bigamy against Ms. Koraou in the criminal division of the Konni High Court.
Ms. Koraou, her brother, and the man she married were all sentenced to six months in
prison. While Ms. Koraou was detained, her counsel filed a complaint with the public
prosecutor against Mr. Naroua on grounds of slavery. The Konni High Court that
previously adjourned found for Ms. Koraou on the ―divorce action‖ and held that she
must ―observe a minimum legal period of three months of widowhood before any
remarriage.‖ Ms. Koraou was released from prison and submitted a case to the
ECOWAS Community Court of Justice. The Court found that Ms. Koraou was a victim
of slavery in violation of Article 5 of the African Charter on Human and Peoples‘ Rights
and other international instruments, and that the Republic of Niger was responsible due
to the inaction of its administrative and judicial authorities. It ordered the Republic of
Niger to pay Ms. Koraou 10,000,000 CFA (Central African Francs) plus costs as
reparation for the harm that she suffered.
Tools for Submitting Cases to Regional Mechanisms
 For information on how to bring a case to the European Court of Human Rights,
click here. (Instructions provided in many languages.)
 Questions and Answers (Registry of Court, European Court of Human Rights).

Available in English and French.
 A Practical Guide on Admissibility Criteria (Council of Europe and European

Court of Human Rights, 2010). Available in English and French.
 For information on how to bring a case to the Inter-American Court of Human

Rights, see Petitions and Consultations Before the Inter-American System in
Spanish and English.
 For information on how to bring a case to the African Court on Human and
People‘s Rights, click here.

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 For information on how to bring a case to the ECOWAS Court of Justice, click
here.
 The Avon Global Center for Women and Justice at Cornell Law School provides
access to regional instruments and case law relating to gender violence from
around the world. Available in English.
 The Avon Global Center for Women and Justice‘s Legal Resources Collection.
Vetted, searchable database that includes summaries and full-text decisions by
regional human rights bodies relating to gender-based violence. Summaries
available in English, decisions available in multiple languages.
 CEJIL, Summaries of Jurisprudence, Gender-Based Violence (2011). Collection

of decisions from international and regional human rights bodies addressing
gender-based violence. Available in English and Spanish.
Improve Response to Survivors

Survivors have many valid reasons for not engaging with the justice system: fear of the
perpetrator, fear of public exposure, fear that the remedies won‘t meet their needs, and
fear of family reactions among many other social and economic factors. The justice
sector can directly address some important survivor fears such as the fear that she will
be disbelieved and the lack of faith that the justice system will effectively prosecute and
punish the perpetrator.
Improvements to justice sector response to survivors should begin at the top levels of
the justice sector with the Ministry of Justice and continue through court system
enhancements, improvement of judicial response, prosecutorial response, and the
response of all of the other actors in the court system, such as court administrators,
court clerks, bailiffs, and court centre staff. An overarching strategy for improvement
should be victim-centred and focused on survivor safety above all. Specific strategies
for the various justice system actors to improve the response to survivors follow.
Working with the Ministry of Justice to improve response to survivors

The Ministry of Justice is responsible for an effective, impartial, and accessible justice
system. In many states, the Ministry of Justice disseminates information about the legal
system to legal professionals and to all citizens. It may also advise Parliament on legal
matters, draft laws and amendments, and administer legal assistance programmes. The
Ministry of Justice often provides oversight of courts, commissions, and prosecutors. It
is often the liaison between the executive branch and the judicial branch. It has the
power to reach beyond the courtroom or court building to implement broad strategies to
improve the justice system response to survivors.
Establish a culture of accountability

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The Ministry of Justice should support a zero-tolerance policy on violence against

women and girls. When a justice system provides swift and sure punishment for acts of
violence, it conveys the message to society that violence against women and girls is not
acceptable, deflects shame from the victim, and may deter future acts of violence.
Ministries should:
o Establish prosecution and sentencing guidelines. Women and girl victims of

violence need assurance that their case will receive the same resources as
non-gender-based violence cases and that the perpetrators will be subject to
the same sentencing guidelines as perpetrators of non-gender-based violence
cases.
o Monitor the decisions of judges and prosecutors to ensure compliance with the
guidelines
o Promote the possibility for Ministries to appeal acquittals or inappropriate
sentences.
o Provide public awareness on successful prosecutions of violence against
women and girls by issuing regular media updates.
o Demonstrate a commitment to ending gender violence by sponsoring policy
forums and technical exchanges between countries.
Ensure development of legislative support and monitoring systems
 Ministries should develop, in consultation with justice sector professionals and

NGOs, protocols, policies, and guidelines to implement legislative provisions on
violence against women and girls.
 Ministries should work to coordinate across sectors and with other ministries who
may be responsible for certain elements of the justice system. For example,
survivor support personnel may be educated under the supervision of the
Ministry for Social Services and not the Ministry of Justice. Addressing these
challenges requires a vigorous commitment to cross-training.
Example: the Ministry of Women‘s Affairs in Afghanistan involved a number of

ministries and judicial sector stakeholders in the development of the Elimination of
Violence against Women Commission. The working group created a multi-strategy plan
covering legal awareness, access to justice, support for victims, compilation of statistics
on violence against women, and strategies to improve the capacity and resources of the
Commission.
Philippines – Supreme Court Leads in Reforming Court Management

After the Philippines experienced a peaceful revolution in 1986, the Supreme Court
spearheaded systematic reforms in the justice sector aimed at restoring the credibility of
the judiciary, enhancing efficiency in the justice sector, and increasing access to justice
among marginalized populations. These reforms have important implications for women
and girls who are victims of violence.

FORMAL SECTOR
Several noteworthy aspects of judicial reform in the Philippines lend the effort particular
longevity and credibility. First, the reform effort was conceived and implemented from
―the top,‖ by the Supreme Court. Second, the reform programme was created with
systemic challenges in mind. Both of these factors are important considerations for
increasing access to the justice sector among women.
Beginning in 1987, the Supreme Court instituted reforms ranging from an early code of
conduct, to increased training for judicial personnel, to the structural re-organization of
courts. These early efforts set the stage for the Chief Justice‘s 1998 policy paper on
judicial reform, which later evolved into the more formal Action Program for Judicial
Reform (APJR). The APJR, adopted by the Supreme Court in 2001, ―established a
coherent multiyear plan with priorities and cost estimates‖ as well as, significantly, ―a
programme management office to assure policy oversight, coordination,
monitoring…and follow-up actions‖ (Asian Development Bank, 2009). The action plan
was slated to last from 2001 to 2006 and targeted the following areas: judicial
management systems and structures, the independence and accountability of the
judiciary, personnel management, training and development, professional ethics, and
access to justice by marginalized groups.
The Supreme Court specifically examined access to justice among women. Through a
joint United Nations Development Program (UNDP) study, it was found that gender
biases in the court system impede women‘s access to justice even though women‘s
rights are evidenced in the legal framework. Broadly speaking, the report found that:
The main manifestations of gender bias against women in the court system are (a) the
negative attitudes toward female victims and offenders; (b) trivialization of sexual and
domestic violence, where women are often judged as having provoked the violence or
seduced the rapist; (c) gender-insensitive court procedures; (d) gender stereotypes
affecting court action; and (e) under-representation of women in the courts.
In order to address the gender biases uncovered in the report, the Supreme Court
drafted an action plan to mainstream gender in the judiciary system. The plan
encompassed gender-sensitivity training for judges and other judiciary personnel,
incorporating gender issues into the curriculum at law schools, making courts gender-
responsive, and establishing certain mechanisms and committees intended to further
the goal of a gender-responsive judiciary. One particularly significant aspect of the plan
involved the compulsory allocation of a certain percentage of the judiciary budget for
gender programmes.
While the Supreme Court‘s gender mainstreaming action plan is likely to have a direct
impact on women‘s access to justice, other judiciary reforms are also likely to have a
long-term, albeit more indirect impact, on women‘s access to the justice sector.
For instance, long delays and congestion in court often prevent women and girls who
have been victims of violence from accessing justice. To address court efficiency, the
Supreme Court re-organized court jurisdictions and areas of specialization with an eye

FORMAL SECTOR
to achieving timely justice and efficacy. The Office of Court Administration (OCA) was
re-organized in order to decrease delays, and a large project of decentralization was
undertaken to transfer court administration functions to regional offices. Furthermore,
court management systems were computerized in the Supreme Court, Court of
Appeals, Courts of Tax Appeals, and Sandiganbayan (special courts that investigate
graft). Taken together, these reforms resulted in the courts‘ ability to handle an
increased caseload (Asian Development Bank, 2009).
In addition to issues of efficiency, perceptions of or actual corruption and lacking

integrity of the judiciary also discourage women and girls who have experienced
violence from accessing justice. In order to increase public confidence in the judiciary,
the Supreme Court adopted a code of conduct for judiciary professionals in 2004. The
Philippine Judiciary Academy conducts training on the ethics code, and enforcement is
done through the OCA. This code of ethics is upheld through positive and negative
reinforcement, with the Supreme Court ―imposing sanctions for misconduct‖ and
providing ―positive incentives to improve performance, such as judicial excellence
awards.‖ (Asian Development Bank, 2009).
Aftermath and Impacts:

Although the APJR ended in 2006, the Supreme Court continued to enact APJR-
inspired reforms as of 2009. Most recently, for instance, reforms aimed at improving
access to justice produced the Justice on Wheels Program. These mobile courts will not
only bring justice to remote villages but will also fulfill human rights education and
outreach functions. Other APJR reforms, such as the continuing decentralization of
court administration, have also continued past 2006.
Although some of the issues continue to need improvement within the Filipino judiciary
system, the continuation of reforms beyond the APJR speaks to the role of the Supreme
Court in the formulation of the reform plan as well the systematic nature of the effort.
With regard to women‘s access to justice, both a systematic effort and leadership from
the top are important factors in effecting change. As mentioned previously, reforms in
both the ―access to justice‖ area and areas such as efficiency and accountability
ultimately play a role in increasing women‘s access to the justice sector. As a result, a
systematic reform campaign is important in addressing the multidimensional barriers
women face in accessing justice.
Furthermore, leadership from the Supreme Court was important in lending the reform
effort an air of legitimacy and seriousness. UNDP. 2003. Promoting Gender Sensitivity
in the Philippine Court System in the Philippines.
 New Code of Conduct for the Philippine Judiciary [annotated] (USAID, ABA-ROLI,
Supreme Court of the Philippines, 2007). Available in English.

FORMAL SECTOR
 Ministries should develop and sustain the capacity to obtain statistics on the
prevalence of violence against women and girls through large-scale, dedicated
surveys or smaller modules within other health or demographic surveys.
Ministries should require the criminal justice system to disaggregate law
enforcement and crime data by gender, age, and relationship to enhance its
usefulness in tracking violence against women. If there are types of violence that
are regionally-relevant, such as dowry-related deaths, ministries should require
data collection on these issues as well. For more on quantitative data collection,
see the Monitoring of Laws section of the Legislation module.
 Ministries should develop independent monitoring systems for the performance

of judges and prosecutors. Ministries should work with professionals from the
justice sector and NGOs who work with victims to develop the system, but the
system should operate independently of any of the actors which developed it.
 Ministries should allocate sustainable funding to the education of law students on

international human rights standards and additional training for judges and
prosecutors on human rights standards and their application to cases of violence
against women.
Tools:
 Model Strategies and Practical Measures on the Elimination of Violence

Against Women in the Field of Crime Prevention and Criminal Justice:
Resource Manual (International Centre for Criminal Law Reform, 1999). Section
IV provides sentencing guidelines and policy recommendations for sentencing
cases of violence against women. Available in English and French.
 Broadening the Concept of “Justice” for Women and Girl-Survivors of

Conflict Violence (Avon Global Center 2010 Women and Justice Conference).
See the video.
 Six-Point Checklist on Justice for Violence Against Women (Amnesty

International, 2010.) Available in English, French, Spanish, Arabic, and Chinese.
Improve physical access to justice for women and girls
 For many in rural areas, justice is simply too far away. The Ministry of Justice
should employ a two-pronged approach to the issue of physical distance: staff
strategically-located facilities with a judge and a court clerk on a regular basis;
and offer tangible means of support for survivors of violence who participate in
court hearings.

FORMAL SECTOR
o Analyze population location and strategize towards a geographic spread in

order to achieve relative proximity for all citizens to adequate facilities in
locations within one day‘s journey. These facilities should be staffed at
least on a rotating basis. Accommodation and travel expenses should also
be included in the budget for judges who must travel to intermittently-
staffed court locations.
o Increase the ability of victims to travel. For criminal trials, states should
pay a travel stipend, food allowance, hotel, and a child care allowance for
victims of violence in order that they may travel to the court where the
defendant is being held. Travel and accommodation arrangements should
also be made for victims of domestic violence.
o Authorize the use of telephone, fax, or internet technology so that rural
victims can easily participate in preliminary interviews or hearings,
protection order hearings, plea and bail proceedings, and other matters.
For example, the Vanuatu Women‘s Centre is able to obtain Domestic
Violence Protection Orders by fax from other parts of the country (AusAID,
2008).
o Support the creation of mobile courts which travel to rural areas on a
regular basis.
CASE STUDY: The Fizi Mobile Court: Access to Justice for Survivors of Sexual
Violence
As a result of a successful collaboration between judicial officials in the Democratic

Republic of Congo (DRC), the Open Society Justice Initiative (OSJI), the Open Society
Initiative for Southern Africa (OSISA), and the American Bar Association‘s Rule of Law
Initiative (ABA ROLI), some of the survivors of brutal sexual assault at the hands of
soldiers in a remote area of DRC received timely justice from a mobile court held
outdoors in a small, rural town.
The DRC has experienced over ten years of conflict, and rampant sexual violence been
met with impunity for the most part. The International Criminal Court (ICC) is able to
hear just a few atrocity cases each year so local justice is desperately needed,
particularly in remote areas. The DRC mobile courts have both military and civil
jurisdiction and were designed to focus on sexual violence, though they have discretion
to hear other crimes as well. In one year the mobile courts heard 186 cases in the South
Kivu area, 115 of which were rape cases.
One mobile court in Bakara found four senior officers guilty of rape and terrorism as
crimes against humanity and five soldiers guilty of rape and inhumane acts. The crimes
occurred in a New Year‘s Day, 2011, rampage in the village of Fizi, South Kivu, DRC.
The four officers were sentenced to 20 years imprisonment and the soldiers were
sentenced to 10 or 15 years.
The project‘s designer determined the following key strategies for success:

FORMAL SECTOR
- The mobile court was implemented by local Congolese officials from both military and
civil sectors.
- Judicial officials and lawyers for all parties received specialized training.
- The 49 victims were allowed to testify in private.
- When necessary or requested, victim‘s identities were shielded from the public.
- A large crowd was present at the outdoor trial, promoting accountability and education.
- International observers lent credibility to the proceedings.
In the Fizi trial, investigation, arrests, trial, and convictions all occurred within 2 months,
and the project‘s designer attributed the speed not only to the mobile court, but to
pressure from international and United Nations sources and community outrage. The
project‘s designer said:
―When the local government and judicial processes, the United Nations, NGOs, donors,
media and international actors work together, even those leading, ordering or directing
attacks can be tried and convicted of war crimes, crimes against humanity, and
genocide. This is possible in places devastated by war and largely operating without a
functioning rule of law system. With the ICC going after the highest level accused often
out of reach of domestic jurisdictions- and the local courts, including mobile courts,
going after lower level suspects- accountability can become the norm, and impunity the
exception.‖
The aid to victims has been expanded to fund a legal clinic to provide victims with
assistance from the beginning of the decision on whether or not to testify through post-
trial procedures to obtain reparations awarded at trial.
Source: Askin. 2010. Fizi mobile court: rape verdicts and email correspondence with Dr.
Kelly Askin, on file with The Advocates for Human Rights.
South Africa – Builds Courts in Rural Areas
After the end of apartheid in 1994, the newly-democratic government of South Africa
began to expand physical access to justice by building new courts in rural and township
areas. In 1999, this goal was cited as a priority by the Minister of Justice and
Constitutional Development. By 2003, 23 new courts had been constructed, 58 had
been renovated, and numerous others were in process of being built or planned. As part
of this initiative, a High Court has been built in Limpopo, one of South Africa‘s nine
provinces, to eliminate the need for Limpopo residents to travel to neighboring

FORMAL SECTOR
provinces for High Court hearings. In addition to constructing new courts, the
government has also upgraded a number of branch courts into full courts.
Source: AfriMAP and Open Society Foundation for South Africa. 2005. South Africa:
Justice Sector and the Rule of Law.
Incorporate safety features into facilities
 The Ministry of Justice should support the renovation of physical facilities to

incorporate safety features with survivors of violence in mind. Ministry renovation
plans should include:
o At least two entrance/exits on opposite sides of the building, so that
survivors may safely enter or leave the building.
o Separate waiting rooms for parties to cases of violence against women
and girls.
o Signage and documents in all widely-spoken languages of the country.
o Centrally-located restroom facilities for women and girls.
o Separate courtroom areas for plaintiffs and defendants which are not
within arms reach.
o Metal detectors and security guards at all entrances.
o Space for private videotaping or closed circuit television testimony.
Tools on Court Safety:
 Steps to Best Practices for Court Building Security (National Center for State
Courts, 2010) organizes the steps to court building security in phases designed
for implementation by courts with limited resources. Available in English.
 Guidelines for Implementing Best Practices in Court Building Security

(National Center for State Courts, 2010) contains worksheets to prioritize security
measures and compare actual costs. Available in English.
 Domestic Violence Safety Plan, ―Be Safe at the Courthouse‖ section of the
American Bar Association website. Available in English.
Armenia – Improves Safety by Renovating Courthouses
From 2000 to 2006, the World Bank-funded Judicial Reform Project in Armenia targeted
several aspects of the judicial system, including the physical state of courthouses
themselves. Soviet-era standards for the judiciary often mean that courthouses were
located in cramped, dilapidated buildings and did not provide adequate security for
those seeking justice. One courthouse in central Yerevan, for instance, was located in a
crumbling apartment building where defendants, judges, and other individuals all shared

FORMAL SECTOR
the same space. The project moved courts to a sturdier building, set up metal detectors,
separated defendants from the general public, and installed a card-operated security
system. A total of 12 courthouses were either renovated or rebuilt as part of the
initiative.
Source: World Bank. 2005. Renovated Courthouses Give New Meaning to Justice.
Establish specialized courts, dockets, and prosecutor units for cases of gender-
based violence
 Ministries should support the creation of specialized courts, including mobile courts,
for cases of violence against women and girls.
 Ministries should support the creation of specialized dockets for handling cases of
violence against women if specialized courts are unavailable. A specialized docket
dedicates a time frame and a judge or judges to a type of case. Specialized dockets
are a less costly way to prioritize cases of violence and to allow judges to become
more familiar with the relevant issues. Cases can be put directly on the specialized
docket rather than the more congested regular docket.
For more information, see also: Specialized courts/tribunals for violence against women
in the Legislation Module.
Establish supportive management of judicial staff
 Support the provision of an adequate living wage for all levels of the judiciary. If state
budgets for adjudicators are not sufficient for a living wage, they may be more likely
to accept bribes. Salary levels for new adjudicators should meet living wage
standards and should increase with seniority.
 Encourage the Ministry of Justice to provide security for judges in appropriate cases.
If security is provided to judges handling sensitive cases, they will be able to
withstand attempts to intimidate or influence their decisions. Public knowledge of
security procedures will inhibit the use of threats and offers of bribes. Funding for the
development and maintenance of a security system for judges will enhance their
safety and reduce actual and perceived corruption in the judicial sector.
 Support the appointment of trained female judges and court administrators at all
levels of the court system. This will increase women‘s confidence in the formal
justice sector system and help to give it legitimacy. The female professionals will
bring a different type of experience to their work than men, and they can act as role
models for other women.
 The Ministry of Justice should create training and informational programmes for
aspirant judges, with attendant publicity to women lawyer‘s associations.

FORMAL SECTOR
 The Ministry should also create a directory of qualified women lawyers and make the
directory a part of the consideration plan when judicial openings are being filled
(Cowan, 2006).
Georgia – Rigorous New Exams for Judges
After the dissolution of the Soviet Union, newly-independent Georgia was left with a
weak and corrupt judiciary. In order to vet current judges and candidates for judicial
posts, Georgia instituted a rigorous system of qualifying examinations in 1998.
This method identified and replaced incompetent judges, but it also created a young
and inexperienced judiciary. In 2000, roughly half of all practicing judges in Georgia
were newly qualified, and in 2006, the Chief Justice of the Supreme Court was 30 years
old.
In order to boost the capacity and skill-set of newly qualified judges, Georgia undertook
a number of reforms in the legal education sector. With help from USAID and other
donors, a Judicial Training Centre was established to offer training and technical
assistance to judicial personnel. Judges‘ salaries were increased in order to stem
corruption, and the court system was reorganized to promote efficiency.
Pepys. 2003. Combating Judicial Corruption in the Republic of Georgia
Establish dedicated court-affiliated service centres for women and girl survivors
of violence
Ministries should create specialized service centres for survivors in cases of violence
against women and girls. Well-equipped and competently-staffed centres (see
indicators for both descriptors below) will increase reporting of acts of violence, improve
safety and conviction rates, and increase timely resolution of cases. Ministries should:
 Locate centres in or near court buildings.
 Seek support from local and regional government officials to increase
sustainability.
 Entrances/exits and all floors and restrooms should be physically accessible for
women and girls with disabilities.
 Design centres to provide comfort and assistance to victims of all ages with:
o Private rooms for reporting, treatment, and counseling.
o Shower or bath facilities and clothes for after the examination.
o A small kitchen to provide hot meals for victims.
o Child-sized beds, chairs, and examination equipment.
o Special equipment for child victims of sexual violence, including
anatomically correct dolls and drawings, two-way mirrors, comfort toys
such as teddy bears, and child-appropriate snacks and clothes.
 Designate specially-trained centre staff to provide immediate care, including:

FORMAL SECTOR
o A site coordinator to oversee victim treatment, to explain that treatment is

in no way conditional on reporting the violence and to explain any
exceptions to that policy, such as when children or vulnerable adults are
victims. Site coordinators should work to ensure that re-traumatization of
the victim does not occur and that victim safety and confidentiality are
highest priorities. See interviewing and counseling guidelines.
o Female medical professionals trained in efficient and compassionate
collection of forensic evidence.
o Female medical professionals to provide information and counseling on
treatment for sexually-transmitted infections and HIV/AIDS. See detailed
guidance in the Health module.
o Advocates who will explain the court process and the process for
obtaining an order for protection.
o Advocates who are trained to perform a danger assessment in a
confidential setting with victims.
o Law enforcement staff trained to make effective police reports and provide
sensitive and thorough case investigation.
o Social service professionals trained in counseling victims of all ages.
o Government staff to help victims apply for restitution or damages (a
payment from the offender for damages related to the violence) and
compensation (a payment from a state fund for crime victims).
o Staff who are specially trained to provide sensitive treatment of child
victims of sexual violence.
Malaysia – Effective One-Stop-Centres
One-stop service centres established in Malaysia established by the national

government, have been recognized as a promising practice in the 2006 Secretary-
general‘s in-depth study on violence against women and replicated by others all over
the world. At the centres, the survivor is seen by a doctor and a counselor in a private
room. If she chooses to seek shelter, the doctor or the counselor arrange transport or
keep her in the hospital briefly. She may also be referred to social worker. A police unit
at the hospital is available for her report and to start investigations.
The Barnahús or Children‘s House, Iceland, is a one-stop centre for sexually abused
children. It provides a non-threatening atmosphere for victim interviews by specially-
trained professionals. The interviews are videotaped for possible use in court, and can
be observed by a police, social workers, lawyers, advocates and judges. The Children‘s
House was created by the Government Agency for Child Protection in Iceland.
Source: Barnahús, last acc. 3-10-11.
 Centres should also provide follow-up care including:

o Lawyers and paralegals who offer free legal assistance in all court
proceedings.

FORMAL SECTOR
o Interpreters who are free of charge and who offer free translation of legal
documents.
o Victim advocates who can make informed referrals to health professionals,
employment services, and housing services such as emergency shelters,
transitional housing, and long-tem housing and who can provide support
by accompanying survivors to appointments and judicial hearings.
South Africa – Thuthuzela Care Centres
South Africa has instituted Thuthuzela Care Centres (TCC), as part of a national anti-
rape strategy. The TCC are attached to specialized Sexual Offenses Courts. They
provide safety and comfort to survivors, and they have improved conviction rates and
timely resolution of cases through efficient collection of evidence and good
communication with police and prosecutors. The comprehensive centres provide a quiet
place for survivors to be examined, give statements, and receive counselling, medical
assistance, and legal assistance, free of charge. Centre staff, on duty 24 hours,
includes medical professionals, a social worker, a police officer, a victim assistance
officer, and a dedicated case monitor. The victim assistance officer gives the victim
information about the examination, procedures, and filing the complaint. The case
monitor acts as a liaison between the victim and the court system. A site coordinator
oversees coordination of all services so that secondary victimization is avoided.
(USAID, 2008) The Thuthuzela centres have also become more child-friendly as levels
of child victims have increased. Donors have partnered with the centres to provide
specialized equipment which will aid in the prosecution of these cases, including two-
way mirrors, posters, drawings, and anatomically-correct dolls.
Services offered
 Welcome and comfort from a site co-coordinator or nurse.
 An explanation of how the medical examination will be conducted and what
clothing might be taken for evidence.
 A consent form to sign that allows the doctor to conduct the medical examination.
 A nurse in the examination room.
 After the medical examination, there are bath or shower facilities for the victims
to use.
 An investigation officer will interview the survivor and take his/her statement.
 A social worker or nurse will offer counseling.
 A nurse arranges for follow-up visits, treatment and medication for Sexually
Transmitted Infections (STIs), HIV, and AIDS.
 A referral letter or appointment will be made for long-term counseling.
 The victim (survivor) is offered transportation home by an ambulance or the
investigating officer.
 Arrangements for the survivor to go to a place of safety, if necessary.
 Consultations with a specialist prosecutor before the case goes to court.
 Court preparation by a victim assistant officer.

FORMAL SECTOR
 An explanation of the outcome and update of the trial process by a case

manager.
See a report on establishing a Thuthuzela Care Centre.
See the Thuthuzela Care Centres brochure.
Sources: UNICEF. 2010; Quast. 2008; South Africa Prosecuting Authority. Thuthuzela:
Turning Victims into Survivors.
USA – One-Stop Centre for Domestic Violence in Midwest
The Domestic Abuse Service Center (DASC) of Hennepin County, Minnesota, USA,
serves people who are victims of actual or threatened violence caused by a family or
household member or someone with whom they have had a romantic or sexual
relationship. At the DASC, court staff help victims complete the paperwork for an order
for protection, submit the order to a judge for review and signing, and take the order to
the sheriff‘s office to be served on the other party. Other advocacy and service agencies
for domestic violence victims are also on site.
USA – New York’s Integrated Domestic Violence Courts
New York State‘s Integrated Domestic Violence Courts offer an innovative approach to
handling cases involving criminal allegations of domestic violence. They connect each
affected family with one judge, who may hear multiple types of cases, including family,
criminal, and matrimonial matters. This eliminates confusion in court orders and
streamlines the justice process for victims. The courts work with the community and
with agencies to provide social services and assistance to victims.
Sources: Integrated Domestic Violence Courts (New York Courts); Interview, Tompkins
County Judge John Rowley (Avon Global Center).
Kosovo – Assistance for Victims
In Kosovo, the Department of Justice (UNMIK) created a Victim‘s Advocacy and

Assistance Unit in 2002. Its goal was to assist victims as they participated in the justice
system and to make the victim‘s interests a part of the justice system. Some of the
Victim‘s Advocates work exclusively with the victims of gender-based crimes. By 2005,
they had assisted in 1,408 cases of gender-based violence.
Source: UNFPA. 2005. Gender-Based Violence in Kosovo: A Case Study

FORMAL SECTOR
Tools for Establishing Government- Affiliated Response Teams and One-Stop

Centres:
 Developing a Sexual Assault Response Team: A Resource Guide for

Kentucky Communities (Kentucky Association of Sexual Assault
Programs, 2002). Available in English. This guide, adaptable for use in any
community, contains information on:
o What is a sexual assault response team
o Steps to organize a sexual assault response team
o Forming a task force and surveying community needs
o Writing and approving protocols
o Overcoming potential barriers
o Evaluating possible sites for the project
o Financial considerations, including a checklist for sustaining funding.
 Delivering Post-rape Care Services: Kenya’s Experience in Developing

Integrated Services (Kilonzo et.al., 2008). Available in English. Analyzes
service delivery problems in 2003 in Kenya, illustrates development of a
post-rape care services algorithm, training programmes and challenges,
including cooperation between the health and judicial systems, costing, and
summaries of lessons learned.
 Danger Assessment (Campbell, 2004) Available in English, Spanish,

Portuguese, and French Canadian.
Tools on Victims’ Rights:
 The Home Office, United Kingdom, provides victims of sexual offenses with an
informative webpage, including a virtual walkthrough that describes court
processes and a video on testifying in court for witnesses.
 Le Guide de Droits des Victimes (Republique Francaise Ministère de la

Justice, 2007). Available in French. A handbook for women victims of violence
and their advocates.
 Domestic Violence: a Guide for Victims and Witnesses (The Crown

Prosecutor‘s Service, United Kingdom). Available in English and Welsh.
 Service Charter for Victims of Crime in South Africa (Gender Directorate,

Department of Justice and Constitutional Development, Government of South
Africa). Available in English. Rights of victims of crime, complaint information.
 For guidance related to specific sectors (such as health), see the detailed
modules and search the tools database on this site.

FORMAL SECTOR
Establish and expand legal assistance programmes for women and girls
Ministries of Justice should ensure that legal assistance is widely available and
accessible to women and girl victims of violence. Ministries should:
 Offer legal assistance for cases outside the criminal system. Legal assistance
programmes often are limited to criminal cases. Yet, women often have claims in
family law, inheritance, and property matters, and the resolution of these cases often
has a strong bearing on a woman‘s ability to create a life free of violence. For
example, a woman may not be able to leave a marriage or claim her rightful interest
in property due to the high costs of litigation.
 Design broad criteria for eligibility for legal assistance. Legal assistance should be
available not only to women who are single and meet income-level criteria, but also
to married or partnered women who may not be eligible if their partner‘s income is
considered, but who may be seeking legal assistance based upon partner abuse or
who may not have access to their partner‘s income.
 Improve physical access to legal assistance programmes. A lack of transportation,

child care, funds to travel, and the opportunity to travel may preclude a woman from
seeking legal assistance. Legal assistance programmes should be readily available
in a variety of contexts. Programmes should be located in urban and rural areas in
women‘s shelters or NGOs, childcare facilities, health care clinics, or dedicated
street or walk-in legal clinics. An advantage to holding legal assistance programmes
in women‘s NGOs or shelters is the presence of other forms of assistance, such as
financial aid or psychosocial counseling. Clinics should be staffed on a regular basis
with lawyers or paralegals. Programmes in non-dedicated locations should provide
private areas for consultation.
 Eliminate court costs to pursue claims on violence against women. Many women are
precluded from accessing the justice system due to the high cost of pursuing a
claim. Not all cases involving violence will enter the courts through the criminal
system. All court costs and filing fees in cases of violence against women should be
eliminated, including in cases of domestic violence and sexual harassment.
 Promote and expand the use of paralegals with specialized training on issues
involving women and girl survivors of violence. Paralegals are individuals with
training in legal issues who are not lawyers. Paralegals should be trained on issues
of gender-based violence and on the ability to communicate sensitively to survivors.
Paralegals can provide information on legal rights to survivors at lower cost than
lawyers; however, they cannot represent survivors in court proceedings, and should
not be an ―end point‖ of assistance for survivors of violence. Paralegals should
always have access to attorneys for victims who decide to access courts of justice.
Paralegals should promote access to women and girl survivors of violence through
community programmes of legal awareness and education.

FORMAL SECTOR
Development and Use of Paralegal Programmes Around the World
Guatemala - Community leaders become certified paralegals

Women community leaders, concerned about the prevalence of domestic violence near
Guatemala City after receiving training on violence against women and justice issues,
concluded that they wanted to become certified paralegals in order to assist domestic
violence survivors. Steps were taken to develop a paralegal programme:
 The Women‘s Legal Rights Initiative Guatemala formed an alliance with a local
justice centre, the Justice Center of Villa Nueva, to host the trainings.
 The partners worked with the Institute of Comparative Criminal Studies to develop
curricula and training materials for the women leaders.
 Graduates of the Gender and the Law Program at the University of San Carlos
offered technical expertise to the paralegals through workshops and
consultations.
 The Justice Center, the Institute, and graduates of the Gender and the Law diploma
and master‘s programmes designed training manuals, and the graduates
designed the training curriculum and taught the paralegals.
 As a result, a network of paralegal women, trained on issues of gender-based
violence, serve women in their community. The paralegals also developed a
manual on family violence for low-literacy readers which describes its effects on
women and demonstrates how to help survivors of violence with legal and
community resources.
See the Paralegal Manual on Domestic Violence (Community Paralegals, published by

The Women‘s Legal Rights Initiative, 2006). Available in Spanish.
Source: USAID. 2007. The Women‘s Legal Rights Initiative.
 Utilize professional bar associations to extend legal assistance programmes.

Although the primary responsibility to provide legal assistance to women and girl
victims of violence should lie with the state, the resources of bar associations can
provide important support. Bar associations can promote the provision of pro bono
or free-of-charge community lawyer services by recruiting volunteers, publicizing
outstanding efforts, and creating service awards at the peer level. They can
encourage well-resourced law firms to dedicate a percentage of their billable hours
to pro bono work, and recognize firms which achieve these standards. This strategy
is most effective if states provide a tax incentive for law firms to donate billable time
and if lawyers are required to perform a certain number of pro bono hours each year
in order to retain their license to practice law. Training should be provided for
volunteer lawyers on violence against women issues. For contact information for bar
associations worldwide, click here.
 Utilize law schools to extend legal assistance programmes. Law schools can create
clinics which specialize in serving women and girl victims of violence. Law-school-

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affiliated clinics can combine practical assistance with principles of women‘s human
rights. Clinic graduates will expand the capacity of their profession to respond to
women‘s legal issues. Law schools have the resources and capacity to utilize clinics
to advance ground-breaking public interest litigation cases on issues on violence
against women. Law school clinics should be designed to be sustainable: Line-item
budgeting, pursuing private endowments, long-term leadership, and regular
establishment in law school curriculum on equal par with other coursework will help
ensure sustainability. For example, The Protection Project worked with the Ministry
of Justice of Egypt and the Alexandria University Faculty of Law to establish a
Family Law Legal Clinic. This Clinic, which provides assistance to victims of
domestic violence and other vulnerable community members, is now a mandatory
part of the curriculum. The Protection Project also provides support to the Clinical
Legal Program at Qom University, Iran.
 Encourage retired lawyers to staff NGO legal assistance programmes or walk-in

clinics. The experience of retired lawyers can provide a significant benefit for women
and girl survivors of violence. The state should provide training on legal issues
common to survivors of violence, and, importantly, on sensitivity to issues around
gender-based violence. Retirees should be provided with necessary office
equipment to ensure success. The ministry should partner with the judiciary in this
project. The judiciary‘s involvement in recruiting, monitoring, and recognizing
achievements of retired volunteer lawyers could provide a significant incentive for
able individuals to provide this service. Peer and community recognition could
reinforce their continued desire to serve.
USA – Tahirih Justice Center
The Tahirih Justice Center in Virginia, United States, provides representation in

immigration law to women and girls fleeing gender-based violence by utilizing a network
of over 600 lawyers across the nation who donate their services. Tahirih is able to
maximize and support its volunteer base by:
 Offering co-counsel services by Tahirih staff attorneys;
 Providing immigration law training;
 Providing ongoing mentorship to volunteers;
 Maintaining regular contact via an email newsletter on relevant legal issues;
 Offering an E-Forum for network attorneys which provides training and support
materials; and
 Providing lawyers with case management support for non-legal needs of clients
such as referrals for social and medical services.
Source: http://www.tahirih.org/.

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Cambodia - Women’s Justice Program
The Women‘s Justice Program, a project of Legal Aid of Cambodia (LAC), was
established with aid from the United Nations Development Fund (UNDP) in March 2008
to increase women‘s access to justice. In addition to providing direct legal services to
women in three provinces, largely in cases of divorce and/or gender-based crimes, the
Women‘s Justice Program conducts outreach to relevant institutions such as the
Women‘s Affairs Departments, Police Commissariats, and District Governors to provide
information regarding legal services available for women. Further, the programme
organized a workshop attended by government and civil society stakeholders who
discussed the challenges faced in providing women with greater access to justice and
suggested strategies to overcome these obstacles. After eleven months of operation,
the programme had undertaken 135 cases and an increase in the number of women
requesting the programme‘s services was noted. Among the obstacles discussed at the
workshop were: the unwillingness of provincial court clerks to cooperate with Women‘s
Justice Program lawyers, delays in investigating and prosecuting criminal charges,
insufficient witness and victim protection, biases of judges, infrequent registration of
marriages, lack of judicial independence, and absence of a code of ethics for judges
and prosecutors. Strategies identified included: creating greater availability of free legal
and social services for women, promoting the use of marriage certificates, providing
further training for police and women, and prohibiting mediation in cases of serious
crimes.
Source: Legal Aid of Cambodia. 2009. Legal Representation for Women: Constraints
and Lessons Learned.
Zimbabwe – Women Lawyers Help Women Represent Themselves
The Zimbabwe Women Lawyers Association (ZWLA) provides legal training to groups
of women facing similar legal issues, enabling them to represent themselves in
magistrate-level court proceedings. The organization also trains court clerks,
magistrates, and chiefs, who operate in rural areas of Zimbabwe. The organization also
advocates for laws that will provide legal protection to women and was instrumental in
the passage of the Domestic Violence Act and new inheritance laws. By bringing forth
test cases, ZWLA confirms that laws are being administered in a manner consistent with
women‘s rights. Finally, ZWLA offers legal assistance through clinics at its two offices
(located in Harare and Bulawayo) and through mobile legal assistance clinics that
operate in rural areas.
Source: Zimbabwe Women Lawyers Association last acc. 16-11-2-10
Tool:
 Gender-Based Violence Legal Aid: A Participatory Toolkit (ARC
International, 2005). Available in English. This guide provides information on

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assessing the need for, status of, and appropriate responses to gender-based
violence in both conflict and non-conflict settings.
Establish and expand language-accessible services
Ministries should prioritize language-accessible services and interpretation in the justice

sector. Language barriers should be fully addressed in court processes: Language
barriers can be insurmountable for victims of violence. Ministries should support the
provision of signs and interpreters in court buildings and for all cases involving violence
against women. The following strategies will increase access to justice for women and
girls:
 Install signage in court facilities in local languages with picture signs for women
with low or no literacy.
 Use language identification cards to identify the language of women and girls
who approach court services.
 Provide court documents, forms, and necessary information in local languages.
 Provide interpreters for all court hearings. This may be costly, but it is
fundamental to increasing access to justice.
 Train interpreters to explain the protections offered, the sentence imposed, and
victim options for input, restitution, and compensation.
 Train interpreters in issues of violence against women. Publish standards of
conduct for interpreters in cases of violence against women.
 Establish a licensing procedure for interpreters in cases of violence against
women so that qualified interpreters may be accessible to court administrators.
 Train interpreters to work with disabled victims.
 Provide brochures and posters on court information in relevant local languages.
Utilize input from women‘s NGOs in developing these brochures and posters.
 Develop volunteer interpreter programmes with proper training for court work.
 Publish laws and court decisions in all local languages. This may also be costly
but is essential to gain public trust in an open and impartial judicial sector.
 Provide videos in common local languages to explain the court process to
survivors. This will help the survivor know what to expect and make the court
process less intimidating.
 Educate on cultural differences as well as language differences.
A newsletter for court interpreters detailed 5 recommendations to ensure best practice

interpretation for survivors of all types of violence against women and girls:
1. Implement testing, training, and monitoring procedures which assess interpreter
proficiency as well as understanding of legal and ethical obligations.
2. Provide interpreters with specialized training in issues of domestic violence, sexual
assault, and child abuse. Emphasize the link between confidentiality and victim
safety. Teach interpreters how violent offenders may use the court process to
intimidate and threaten survivors.

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3. Train interpreters on the effects of secondary traumatization and provide them with
supervision and support.
4. Train judges and lawyers on effective use of interpreters and how to monitor
interpreters for bias on issues such as domestic abuse or sexual assault.
5. Require interpreters to undergo background checks to identify any history of
domestic abuse, sexual assault, or child abuse. Question them before each case on
possible conflict of interest (Huelgo et al., 2006).
USA – Assisting Limited English Proficiency and Hearing Impaired Persons
The Minnesota Judicial Branch, Fourth Judicial District Limited English Proficiency Plan
provides a framework of assistance for limited English proficiency and hearing impaired
persons who come into contact with the Hennepin County District Court in Minnesota,
United States. It contains a list of translated forms and documents with website links to
make them available to the public. The Proficiency Plan also includes a list of other
resources which are available at the court centre:
- Spanish Hotline
- Bilingual Staff Roster and Policy (Available languages: Spanish, Hmong, Somali,
Italian, French, and Hebrew)
- Self-Help Center Somali Liaisons
- Translated Right to Court Appointed Interpreter Signs
- Translated directional signs
- Instructions for ―How to Request an Interpreter for a Court Hearing‖
- Telephone Interpreter Services
- Closed captioned jury video
- Assisted listening devices
- Language identification flashcards in 38 languages
- ―I need an Interpreter‖ cards in 10 foreign languages commonly spoken in Minnesota
- English/Spanish Court Terminology Glossary
- Tips for Serving Deaf Court Customers
- English/American Sign Language Glossary
- Online communication aids, including translation services and glossaries
Tools for Addressing Language Barriers:
 Aequilibrium: Instruments for Lifting Language Barriers in Intercultural

Legal Proceedings (Keijzer-Lambooy and Gasille, eds.,2004). Part II contains
information for vulnerable groups. Part IV contains a toolkit with criteria for
interpreter registration, fee agreements, logistical arrangements, and practical
checklists. The resource was developed by legal practitioners and university
experts from European Union countries. Available in English.

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 Tips for Service Providers Working with Women who are Deaf, Deafened,
Hard of Hearing, or Deaf-Blind (British Columbia Institute against Family
Violence et al., 2001). Available in English.
 Aequitas- Access to Justice across Language and Culture in the EU

(Hertog, ed.,2001). Contains guidelines for selecting and training interpreters,
assessment tools, tools for practical working arrangements, good practice and
ethical conduct guidelines, and a bibliography that emphasizes training. Available
in English.
 Culture Handbook (Family Violence Prevention Fund, 2001). Available in

English. For advocates and professionals who work with victims of domestic and
sexual violence, this manual stresses the importance of reaching out to diverse
communities to understand how different cultures are affected by gender-based
violence. The group has also developed a factsheet entitled Cultural Competency
Tips and a quiz to find out if services are linguistically and culturally accessible to
women who speak other languages. A sample multilingual brochure, You have a
right to be free from violence in your own home (Family Violence Prevention
Fund) is available in English, Spanish, Arabic, Chinese, Tagalog, Vietnamese,
Russian, and Korean.
 Effectively Working With Court Interpreters (Minnesota Judicial Branch, USA,

 2004 Language Assistance Plan (Dane County Circuit Court, Wisconsin, USA,
2004). Available in English. A framework for providing timely and effective
language assistance, this publication details the costs of such assistance and
outlines the responsibilities of different levels of Wisconsin courts.
 Working with Foreign Language Interpretation in the Courtroom: A Bench

Guide for Judges (The Supreme Court of Ohio, USA. 2007). Available in
English.
 Working with Interpreters in the Courtroom: Benchcard for Judges (The

New York State Unified Court System, USA. 2008). Available in English.
Working with the court system to improve response to survivors
Why work with the court systems to improve the response to survivors?
A court system consists of all levels of the courts, from magistrates and referees to
Supreme or highest court judges, court administrators, court clerks, bailiffs, and
interpreters. The court is the official forum which has the authority to administer justice
following the terms of the law and procedures in the legislation of a state. A court is

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charged with providing the right to an impartial hearing for both victim and accused. It
has the duty to hold perpetrators of violence accountable through incarceration, fines,
community service, or probation programming.
Women and girl victims of violence often do not report violent acts. They believe that
courts are predisposed to ignore or dismiss their claims. They justly fear that the court
system will re-victimize them and publically humiliate them. Courts should work to
improve the response to survivors so that survivors will be confident that they will
receive a fair hearing in court.
A strong foundation for the rule of law begins with a court system that is independent,
transparent, and free of corruption. Corruption and political manipulation of the courts
lead to lack of confidence in the system and reduce access to justice for everyone,
including survivors of violence. Enhancing the credibility of the courts should include
strategies for the judiciary, prosecutors, lawyers, and all court personnel.
Argentina – Supreme Court Establishes Office of Domestic Violence
The Supreme Court of Argentina, in a Joint Programme with UNDP, UNICEF and
UNIFEM (now UN Women), has established an Office on Domestic Violence (OVD). It
is the first such office in the world to be created within the highest-ranking court of a
country. The office serves the community, the judiciary, and the judicial staff.
A working group comprised of expert judges in family law, civil law, criminal law, and
juvenile law, a forensic doctor, an administrator, and representatives from the
prosecutor‘s office and the public defender‘s office met regularly for 5 years in the
chambers of the Vice President of the Supreme Court of Argentina. The group created
the OVD programme, the professional profile of the staff experts, and a plan for
monitoring and evaluation of the OVD. The staff was selected in a public process and
received a month of intensive training.
The OVD has standardized criteria for case registration and ensured timely access to
justice for victims of domestic violence. A team of lawyers, medical professionals,
psychologists, social workers, and administrative staff are available around the clock to
help survivors report violence and to perform risk assessments, obtain immediate
protective remedies, and provide expert opinions and a medical report to judges and
prosecutors. In the words of Justice Highton de Nolasco:
The person who comes to the OVD will be assisted by a unit team consisting of a
lawyer, a psychologist and a social worker. During the interview, a written statement is
issued, all paperwork being completed for it to be a formal complaint, and a risk
assessment report is drawn up. In addition, the victim–if necessary-is examined by a
physician, who determines whether there are injuries, and whether photographs should
be taken.

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After the person communicates her or his story, she or he is given complete and
detailed information about her or his options, whether juridical or not, related to the
problem posed. Then, the victim expresses her or his will as to which course of action to
pursue.
In those cases where the situation is extremely serious and the victim cannot leave
home, she or he can count on the help of mobile squads belonging to the Ministry of
Justice and Human Rights programme Victims against Violence. These squads, with a
simple call from the victim, can take the person to the OVD headquarters to initiate
proceedings. The Court has also signed an agreement with the Mayor of the City of
Buenos Aires, so as to make available hospital services and shelters if necessary.
The Office has improved efficiency, as evidenced by the courts making a decision on
injunctions on the same day, or the following day at the latest. This has meant a great
step forward, as before establishment of the OVD, the risk report required to determine
whether it was appropriate to order a remedy used to take up to 4 months, which in turn
resulted in a serious–and sometimes irreparable-delay in deciding on issues of victim
protection.
Likewise, when cases are referred to criminal courts, judges are provided with
adequate documentation. According to judges, significant progress has been shown
because there are no more delays in determining whether there are bodily injuries
(before, if injuries were not very serious, they had healed by the time checks were
made), and victims are now informed about the eventual existence of civil actions,
simultaneously with criminal proceedings.
Cases may be submitted either to judicial or non-judicial authorities. In non-legal
referrals, victims are provided with free legal advice services, psychological or
psychiatric services.
…It is a tool for civil and criminal courts to coordinate their work and have, at the very
moment victims file their claim, all necessary information to make immediate decisions.
The Office on Domestic Violence admitted 8500 cases in the first 17 months of its
existence. Justice Highton de Nolasco noted that only 40% of these cases were
admitted during court hours, emphasizing the importance of night and weekend hours.
A monitoring process is already in place to analyze the performance of the relevant
sectors and to obtain statistical records to support policies on domestic violence.
The Supreme Court of Argentina is ensuring the sustainability of the ODV by including it
in its budget. When Supreme Court Justices in the Provinces of Argentina wanted to
replicate the model, the Supreme Court convened a Committee on Access to Justice
with a Domestic Violence Group of representatives of provincial high courts, federal
judges, and court officers who had experience in creating the first OVD. To date, 22
provinces have agreed to establish OVDs at local levels, and 3 OVDs have been
opened.
The OVD has increased awareness and capacity development of judges and court staff
and technical support for statistical data. Further plans include a nationwide register of

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cases of domestic violence, more training for the judiciary, and awareness-raising for
the people of Argentina.
Source: Avon Global Center for Gender and Justice at Cornell Law School. Gender
Justice in the Argentine Context: Justice Highton de Nolasco Shares her Views.
Strategies to support judicial independence
An important starting point is the United Nations Basic Principles on the Independence
of the Judiciary. Adopted in 1985, the Principles envisage judges with full authority to
act free from pressures and threats, adequately paid and equipped to carry out their
duties. The standards offer models for lawmakers, who are encouraged to write them
into their national constitutions and to enact them into law. Many countries have formally
adopted the Principles and report regularly to the United Nations on their progress and
problems, sometimes seeking help with legal education or the monitoring of procedures.
Reform advocates can engage the UN Special Rapporteur on the Independence of
Judges and Lawyers to provide input and technical assistance to reform processes.
Key measures to enhance judicial independence include:
 Reform laws that weaken judicial independence.
 Provide the court system with adequate and sustainable funding, including a
sufficient wage to prevent bribery. Salary levels for new adjudicators should meet
living wage standards and should increase with seniority.
Example: as part of the Action Plan for Judicial Reform in the Philippines, judicial
salaries were increased by 100% over a 4-year period. This helped the recruitment
of well-qualified candidates and reduced the number of vacancies on the bench
(Asian Development Bank, 2008).
 Standardize the process and tenure of judicial appointment. According to the UN

Basic Principles, persons selected for judicial office shall be individuals of
integrity and ability with appropriate training or qualifications in law. Any method
of judicial selection shall safeguard against judicial appointments for improper
motives. In the selection of judges, there shall be no discrimination against a
person on the grounds of race, colour, sex, religion, political or other opinion,
national or social origin, property, birth or status, except that a requirement that a
candidate for judicial office must be a national of the country concerned, shall not
be considered discriminatory.
 Support the creation of judicial councils to appoint and promote judges.

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 Train judges on leadership techniques and access to justice issues so that they
embrace the idea of being visible and active in community service. Most judicial
ethics codes encourage judges to become active in their communities.
 Promote standards in the promotion and transfer of judges. For example, the UN
Basic Principles indicate that:
o The term of office of judges, their independence, security, adequate
remuneration, conditions of service, pensions, and the age of retirement
shall be adequately secured by law.
o Judges, whether appointed or elected, shall have guaranteed tenure until
a mandatory retirement age or the expiry of their term of office, where
such exists.
o Promotion of judges, wherever such a system exists, should be based on
objective factors, in particular ability, integrity, and experience.
 The United Nations also has promulgated Basic Principles on the Role of
Lawyers and Guidelines on the Role of Prosecutors . Similar to standards on the
independence of judges, these UN guidelines outline good practices to enhance
the credibility of the legal profession and the court system
Strategies to eliminate corruption
If there is a public perception of corruption in the courts, victims may not report violence
or may decline to participate in a case, which often leads to charges against the
perpetrator being dropped. Opportunities exist to address corruption from the onset of
legal training for law students, throughout legal careers, judicial and prosecutorial
selection procedures, case assignment procedures, improved transparency and
communication of decisions, and well-publicized, standardized court fees (including
where there are no fees, as it should be in cases of violence against women). Strategies
to address corruption in the court system include:
 Draft a code of ethics and professional responsibility and standards of conduct

for legal and judicial actors in the justice system. This will provide a foundation
for training, monitoring, and hearing complaints on ethical matters. Codes should
include specific standards which apply to cases of violence against women and
girls. [internal link to UN Guidelines just above for both lawyers and prosecutors]
 Provide ethics training requirements in law schools and include a required

section on ethics in bar examinations. A foundation in ethics will have a long-term
positive effect upon corruption in the courts as lawyers become judges or
prosecutors. Many law schools require that their students take an ethics course.
For example, see this Interview with India‘s Solicitor General and Chairman of
the Bar Council of India regarding the addition of ethical requirements to India‘s
law school curriculum.

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 Ethics courses should provide a set of principles for lawyers and judges which
can be applied to real-life dilemmas. Training on professional responsibility and
codes of conduct should be required for new judges and prosecutors. And, when
bar exams contain an ethics component, future lawyers are required to study
ethical principles.
 Support ongoing ethics training. Continuing education programmes should be

required for judges, lawyers, and prosecutors to maintain their license. Court
administrators should request and document the need for funding for ongoing
training. A certain number of hours of continuing education on ethics should be
part of the requirements for retention of professional licensure and judicial
appointment.
 Support court-provided mentoring programmes for judges and prosecutors. The

experience of mentors may be particularly helpful to recruit diverse judges or
prosecutors, or to help new judges and prosecutors in complex cases of violence
against women.
 Establish professional prosecutorial associations to promulgate standards of

practice and behaviour.
 Support a programme through which new judges are required to declare their
assets and the assets of immediate family members upon taking office, their
assets are periodically monitored during their tenure as judge, and are monitored
again at departure. An independent body should monitor these disclosures,
which should be confidential if no corruption is indicated. The declaration and
monitoring of assets throughout judicial careers inhibits corruption. A similar
system for regular review of personal assets and income should be established
for prosecutors.
 Support public access to all court decisions. In many countries, not all court
decisions are published, or they may be published in abbreviated form. However,
if decisions are published, judges can be held accountable for the quality and
consistency of their decisions. Each court system should publish its decisions on
a website. This will provide valuable information to the legal profession, to other
judges, and to the public on relevant cases of jurisprudence. Court systems
should incorporate appropriate standards for survivor confidentiality and safety.
 The Judicial Mentoring Project Handbook (Almeda County Bar Association

and East Bay Diversity Bar Association, California, USA, 2010). Available in
English.
Namibia – Laws and Court Decisions Available on the Internet

Ministry of Justice officials in Namibia identified a gap in access to court decisions and
pertinent laws among judges. Ministry officials also realized that government personnel

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could not effectively enforce laws if they did not have access to the laws. In response,
Ministry of Justice officials drafted a plan to make laws and court decisions readily
available on the internet to judges, officials, lawmakers, and the public at large. The
Namibian E-Laws project, launched in 2010, contains all of the country‘s post-
Independence laws, pre-Independence laws, court decisions, High and Supreme Court
decisions, and international agreements. The project is an extension of already-existing
internet services, including the Namibian Courts Information System and Justice Net.
Source: Namibia Economist. 2010. New website contains all Namibian laws.
 Ensure open courtrooms during most cases. Open courtrooms are an important
indicator of a fair and transparent judicial process. In many countries,
organizations such as WATCH in Minnesota, USA, monitor courtroom
procedures to ensure that victims of violence receive fair and respectful
treatment. In cases of violence against women, however, this must be balanced
with the rights of a survivor of violence who may fear testimony in open court and
the publicity which is often a result of violent cases. Closed courtrooms should be
reserved for cases involving vulnerable complainants, survivors, or witnesses,
including women or girls who are survivors of sexual violence. Other methods of
protecting the survivor include testimony via closed circuit television and banning
the presence of the media. Court hearings should in most cases be public though
exceptions may be made in cases of violence against women and girls. For
example, a rape case against a minor girl should be held in closed session in
view of the age of the survivor. See the section on Sexual Assault in the
Knowledge Module on Legislation.
 Support use of an automated case management system. Automated case

management systems are an effective method of removing opportunities for
corruption and at the same time increasing the efficiency of the court process.
Automated systems speed up the process, even out the workload of judges and
prosecutors, safeguard documents, remove the opportunity to influence the
assignment of a particular judge or prosecutor to a case, and create opportunities
to standardize access to information and court fees where they apply, thus
reducing opportunities for bribery among court administrators. Information about
the status of proceedings which are in progress can be readily available through
these systems.
Serbia – Automated case management system

In 2004, the Government of Serbia installed an automated case management system in
its commercial court system to promote greater transparency and efficiency. Under the
automated system, judges were assigned to cases randomly, litigants could follow the
progress of their case online, and they were charged standard fees. These measures
not only addressed transparency and fairness, they increased efficiency in the
commercial courts. In 2006 alone, there was a 24% reduction in the backlog of pending
cases.

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Source: Commission on Legal Empowerment of the Poor and United Nations

Development Program, 2008.
 Recognize that widely variable sentences for the same offense are an important
source of public perceptions of corruption. Most countries have sentencing
guides in legislative protocol and court systems should work to ensure that
sentences are in compliance. Regular monitoring of court decisions will facilitate
this.
 Support an independent body and standardized procedure for complaints. An
independent and responsive complaint commission should exist for all
complaints against the judiciary and other court staff. The membership of this
commission should include judges, attorneys, and citizens, and its mandate of
investigating charges of judicial corruption and judicial misconduct should be
well-publicized. The commission should be charged with referring cases of
criminal misconduct to the police. Sanctions should include the disbarment of
convicted offenders. Notice of this body and its mandate should be sent to all
parties to a case.
Indonesia – Human Rights Ombudsman
Responding to years of popular frustration with corruption and inefficiency in public

services and the judicial system, Indonesia partnered with the United Nations
Development Programme to create the National Ombudsman Commission (NOC). The
NOC is designed to both guarantee access to justice on the part of the underprivileged,
and spur the Indonesian courts into living up to their obligations.
The creation of the NOC was met with considerable enthusiasm. In the three years
following its inception, the NOC fielded 2,500 complaints by Indonesian citizens and the
NOC processed 80 percent of these. Twenty-five percent of those named in the NOC
grievances took action to adopt the Commission‘s recommendations. The creation of an
independent human rights commission tapped into a deeply felt need on the part of
Indonesians. The NOC‘s status as an independent government body rather than one
attached to the Ministry of Justice, increased popular confidence in its impartiality and
ability to represent the interests of citizens.
Challenges: Lacking enforcement power, the NOC can be sidelined by institutions

which simply ignore its recommendations. The NOC‘s centralized, primarily urban
organization is far from many of the most disadvantaged Indonesians who live in remote
or rural areas.
Djojosoekarto. 2003. The National Ombudsman Commission as the custodian and
conscience system of access to justice for the underprivileged in Indonesia.

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Latin America – Ombudsman Offices Act Against Violence Against Women

The Human Rights Ombudsman Office in Guatemala created a register for recording
violent deaths of women and since 2003 publishes an annual report with salient
statistics on the femicides.
The Ombudsman‘s Office in Panama monitored the implementation of the domestic

violence law with assistance from the Prosecutor‘s Office in 2005. The monitoring
revealed, among other points, that conciliation measures were being used in domestic
violence cases although provisions for conciliation were not in the legislation. It also
noted the cases which were dropped and the ones in which protective measures were
not enforced.
The Bolivian Ombudsman‘s Office investigated the actions of the Family Protection
Brigades, the law enforcement branch devoted to domestic violence cases, and
developed a series of recommendations for Ministries and police. As a result, more
resources were earmarked for the Brigades, training on domestic violence increased,
and the number of female police officers increased.
Source: Economic Commission for Latin America and the Caribbean. 2009. No more!
The right of women to live a life free of violence in Latin America and the Caribbean
 Support a standard rotation of judicial assignments. Judges at each level of court

should be rotated at regular intervals to different subject areas, i.e., commercial
court, family court, etc. Rotation of judges reduces the opportunity to bring cases
before a particular judge and can reduce entrenched harmful habits, such as
corruption.
 Publish an annual review of cases reported and prosecuted, and case outcomes.
 Recognize and support the role of civil society and the media. These groups can
monitor the outcome of decisions and call for reforms. Both groups should have
free access to court records and should disseminate information about complaint
mechanisms and any complaints in process. The court system should encourage
their role as monitors and disseminators of complaint procedures to the public
(United Nations Development Program, 2005).
 Promote a database to coordinate information regarding perpetrators among

justice system actors, including different court systems. Judges, magistrates,
referees, and bail and probation staff should be able to access the criminal
record of a perpetrator, pre-existing court orders including orders for protection,
outstanding warrants, and information on probation or parole terms. The more
information a court has about a perpetrator, the more it can assess risk and
monitor a perpetrator‘s previous compliance, thus advancing victim safety.
Tools on Ethics & Codes of Conduct:

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 Examples of codes of ethics from many countries can be found on the American
Bar Association website.
 Standards of Practice for Lawyers Representing Victims of Domestic

Violence, Sexual Assault and Stalking in Civil Protection Order Cases
(American Bar Association, 2007). Details the ethical duties of lawyers
representing survivors of gender-based violence, including culturally competent
representation, effective client communication, safety plans, and descriptions of
survivor-centred office intake procedures and pre-and post-hearing
responsibilities. Available in English.
 Legal ethics in Vietnamese legal education system (ASEAN Law Association,

2002). Sample canon of legal ethics. Available in English.
 Proposed Resolution on Training in Legal Ethics of European Lawyers

(European Bars Federation, 2008). Available in English, Italian, French, German,
and Spanish.
 Judicial Conduct Policy Manual (New York State Commission on Judicial

Conduct, 2011). Available in English.
Tools on Court and Court Records Automation Systems
 The Domestic Abuse Information Network Database is a Microsoft Access

database programme designed for use by domestic abuse agencies. It
assembles the information necessary to track and monitor domestic assault
related cases in a coordinated community response to domestic violence. The
database can evaluate demographic data, number and types of arrests, case
processing time, case dispositions, and re-offenses, as well as analyze police,
court, and offender programme records and more. Reports show trends in the
system and can help to determine policy or procedural changes that might need
to be made. Screens include offender and victim demographic information, law
enforcement events with corresponding details on risk factors, criminal court
hearings and probation actions, civil court hearings and protection orders, and
participation in offenders' programmes. To order via mail, click here. To order
online, click here.
 E- Justice: Piecing IT Together (Department of Justice and Constitutional

Development, South Africa). Available in English. Describes the plan to fully
automate the justice sector in South Africa, including a financial administrative
system, a court processing and case management system, and a records
management system.

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Working with judges to improve the response to survivors

Due to their respected position in society, judges should be the natural leaders in justice
sector reform. However, in their rulings, judges often reflect the views of a society which
tolerates violence toward women and girls. Some judges have blamed victims for the
violence. Some have helped to create a culture of impunity by refusing to convict or
justly sentence violent offenders.
Reforms in legislation on violence against women have led to more women coming
forward and asking for justice. For example, in states where domestic violence has
been defined and criminalized and orders for protection are available, requests for
protection increase. In states where the definition of rape has changed from a crime of
family ―honor‖ to a sexual assault, survivors are more likely to pursue their case. Judges
should put victim safety first and work to ensure that women and girl survivors of
violence will be treated with courtesy, fairness, and respect at every stage of the court
procedure and particularly, not discriminated against Judges can also modify and
improve court protocols and procedures to better support claims from women and girl
victims of violence.
Judges can show that they prioritize victim safety by:
 Understanding that victim safety and not family reunification should be the
primary goal of the justice sector.
 Issuing orders for protection immediately. Victim safety depends upon an efficient
system of issuing orders for protection.
 Providing full support to victims of violence. Judges should interpret legislation on

orders for protection broadly to provide a wide range of protective options for
victims, including a safe place to live, restrictions upon the offender to approach
the workplace or neighborhood of the victim, custody provisions that grant
temporary custody of minor children to the non-violent parent, and adequate
support for the victim and the children. See the section on Domestic Violence in
the Knowledge Module on Legislation.
 Not issuing warnings to perpetrators of violence. Judges must hold offenders

accountable for acts of violence. Warnings do not send a message of zero
tolerance for violence against women and girls, and can increase the risk of harm
to victims.
 Not issuing orders for mediation between parties in cases of violence against
women. Mediation assumes that the parties stand on equal ground for
negotiation. In many cases of violence the requisite level of equal bargaining
power for fair negotiations does not exist between parties.
 Refraining from placing any blame on the victim of violence. The demeanor and
language of the judge conveys an important message to both perpetrator and

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victim: that the court is a safe environment for petitioners and that violence will
not be tolerated (Klein, 2009).
 Issuing warrants immediately whenever perpetrators fail to appear at any legal

proceeding, fail to surrender firearms when ordered, or violate any court order in
cases involving violence against women. Judges should facilitate a procedure
that would allow warrants to be issued after business hours and on weekends.
 Ensuring that cases of violence against women receive highest priority and
shorten all waiting periods. Victims of violence who experience delays are more
likely to end their participation in a case. Delays are not only inconvenient. They
send a message that the case is not important. Delays may place the victim in
greater danger. Research shows that the risk of harm increases when women
seek outside intervention. Violent offenders often try to intimidate victims into
dropping the case or recanting their evidence. Defense attorneys may postpone
cases in the hope that a victim will get discouraged and drop out. And, when
cases are resolved in a timely manner, victims will become eligible sooner for
restitution or compensation payments which increase their opportunities to be
independent and to escape abuse. Judges should do all that is in their power to
increase the efficiency of the court process in cases of violence against women
by re-designing court dockets to expedite these cases.
 Expediting all trials and hearings, including hearings on violations of court orders
or conditions of parole or probation. Many survivors end cooperation with
prosecution when trials are postponed and hearings delayed. They may be
avoiding a drawn out period of re-traumatization, avoiding perpetrator retaliation,
or ending community disapproval.
Philippines – Strategies for responding to increasing caseload

The Supreme Court of the Philippines led an initiative to improve the judiciary‘s
ability to respond to an increasing caseload. It adjusted court jurisdiction, increased
court size, and created special courts for certain subject areas to improve efficiency.
It also required the use of trials with no continuances or delays for a two-year period
to eliminate a long-standing backlog of cases.
Source: Asian Development Bank. 2009. Background Note on the Justice Sector of
the Philippines.
 Taking claims of violence seriously and providing sanctions for perpetrators as

provided by law. Many women do not report or pursue claims of violence simply
because they do not think the perpetrator will be punished. Judges bear the
prime responsibility for ending impunity for violence against women and girls.
 Applying sentencing guidelines uniformly. Sentences for the same offense which
vary widely are an important source of public perceptions of corruption. Judges
should utilize sentencing guidelines and work within these to determine the most

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appropriate sentence for each case. Judges should apply sanctions which are
comparable to those for non-gender-based crimes of violence.
India – Handbook on Domestic Violence

The Handbook on Law of Domestic Violence is an attempt to provide a tool for
judges towards uniform and proactive implementation of the Protection of Women
from Domestic Violence Act 2005 (PWDVA) to ensure that the promise and goal of
promoting and fulfilling women‘s human rights is upheld. The Handbook not only
acts as a guide with regard to the PWDVA and collates the best practices that have
emerged from domestic and international experiences, but also provides an
overview of the gamut of laws, procedures, and the jurisprudence that have an
impact on a case of domestic violence. Although the Handbook is intended primarily
for members of the judiciary, it is also an important reference guide for legal
academicians, lawyers, and relevant authorities. The Handbook has been inspired
by the rich practice and framework of existing Bench Manuals intentionally but is
based on the experiences of the Indian legal system and the particular needs of
women facing domestic violence in India. To obtain a copy, contact:
[email protected].
 Instructing victims and perpetrators about terms of sentences and conditions of

orders for protection. Judges should inform both parties about the consequences
of noncompliance.
 Incarcerating repeat offenders or high-risk offenders. Many cases of violence

against women have instances of escalating violence. And, it is well-established
that the most dangerous time for a victim of violence is when she leaves the
abuser or seeks police or judicial assistance. Judges should take note of risk
factors and rule accordingly.
 Requesting information about the perpetrator in the plea and bail and sentencing
process and modifying existing court orders, terms of probation, and sentences
to reflect the recurrent use of violence or threat of violence by the perpetrator.
Judges should ask victims if they believe they are still at risk. Court staff should
enter the modifications into a database and communicate with law enforcement
as to the change.
 Utilizing risk or lethality assessments from the first bail or charging hearing and
throughout the process, including plea, probation, or sentencing hearings.
Judges should seek input from the victim, her family, and the community when
evaluating the risk to victims. Judges must receive sufficient information to
determine systemic patterns of abuse in order to best protect victims (Klein,
2009). Judges should use a standardized risk assessment to ensure consistency
and best results. Judges should consider the victim‘s opinion of her safety as part
of the risk assessment.

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USA – Domestic Violence Risk Assessment Bench Guide and Tips for Use
The Domestic Violence Risk Assessment Bench Guide is a research-based guide used
by Minnesota, USA, judges at all stages of family, order for protection, civil, or criminal
cases which involve domestic violence. It includes an assessment and instructions for
implementing the assessment. (The assessment can also be used by police,
prosecutors, and domestic violence service providers.)
Note: The presence of these factors can indicate elevated risk of serious injury
or lethality. The absence of these factors is not, however, evidence of the
absence of risk of lethality.
Justice System Personnel Should Determine:
 Does alleged perpetrator have access to a firearm, or is there a firearm in the home?
 Has the alleged perpetrator ever used or threatened to use a weapon against the
victim?
 Has alleged perpetrator ever attempted to strangle or choke the victim?
 Has alleged perpetrator ever threatened to or tried to kill the victim?
 Has the physical violence increased in frequency or severity over the past year?
 Has alleged perpetrator forced the victim to have sex?
 Does alleged perpetrator try to control most or all of victim‘s daily activities?
 Is alleged perpetrator constantly or violently jealous?
 Has alleged perpetrator ever threatened or tried to commit suicide?
 Does the victim believe that the alleged perpetrator will re-assault or attempt to kill
the victim? A‖ no‖ answer does not indicate a low level of risk, but a ―yes‖
answer is very significant.
 Are there any pending or prior Orders for Protection, criminal, or civil cases involving
this alleged perpetrator?
How To Use The Domestic Violence Risk Assessment Bench Guide
Note that this list of risk factors is not exclusive. The listed factors are the ones
most commonly present when the risk of serious harm or death exists. Additional factors
exist which assist in prediction of re-assault. Victims may face and fear other risks such
as homelessness, poverty, criminal charges, and loss of children or family supports.
Obtain information regarding these factors through all appropriate and available
sources. Potential sources include police, victim witness staff, prosecutors, defense
attorneys, court administrators, bail evaluators, pre-sentence investigators, probation,
custody evaluators, parties, and attorneys.
Communicate to practitioners that you expect that complete and timely

information on these factors will be provided to the court. This ensures that risk

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information is both sought for and provided to the court at each stage of the process
and that risk assessment processes are institutionalized.
Review report forms and practices of others in the legal system to ensure that the
risk assessment is as comprehensive as possible.
Expect consistent and coordinated responses to domestic violence. Communities

whose practitioners enforce court orders, work in concert to hold alleged perpetrators
accountable, and provide support to victims are the most successful in preventing
serious injuries and domestic homicides.
Do not elicit safety or risk information from victims in open court. Safety concerns
can affect the victim‘s ability to provide accurate information in open court. Soliciting
information from victims in a private setting (by someone other than the judge) improves
the accuracy of information and also serves as an opportunity to provide information
and resources to the victim.
Provide victims information on risk assessment factors and the option of

consulting with confidential advocates. Information and access to advocates
improves victim safety, the quality of victims‘ risk assessments and, as a result, the
court‘s own risk assessments.
Remember that the level and type of risk can change over time. The most
dangerous time period is the days to months after the alleged perpetrator discovers that
the victim might attempt to separate from the alleged perpetrator or to terminate the
relationship, or has disclosed or is attempting to disclose the abuse to others, especially
in the legal system.
See the Resources on the National Judicial Institute on Domestic Violence website.
 Studying plea or pre-trial release conditions and sentence requests with victim
safety in mind, and reject all that may compromise victim safety and that do not
provide accountability for the perpetrator. For example, common conditions of
pre-trial release may include prohibiting the defendant from communicating in
any way with the victim and from possessing a firearm (Praxis International,
2010). Common sentence requests such as anger management classes do not
provide safety for the victim because they do not address the underlying issues
of power and control that are the root cause of domestic violence (Praxis
International, 2010).
 Ensuring that intervention programmes or other community service programmes

to which offenders are referred meet good practice standards. For example, see
Promising Practices for Batterer‘s Intervention Programmes and guidance on
perpetrator programmes.

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 Conducting compliance reviews as a way to supervise the conduct of violent

offenders, including those who may be on probation or in treatment programmes.
Regular scrutiny of offender conduct can work to prevent re-occurrence.
Compliance reviews are also essential in court-ordered programmes such as sex
offender treatment programmes, drug or alcohol treatment programmes, and
batterer intervention programmes to make the perpetrator accountable for
fulfilling the requirements of the programme
 Considering evidence of sexual assault in cases of violence against women

when determining the level of risk to victims, protective orders, plea and bail
arrangements, and sentencing, even if the crime of sexual assault was not
prosecuted as part of a domestic abuse case. Research suggests that sexual
abuse is a common element of domestic violence cases although it is
underreported by victims (Klein, 2009).
 Not penalizing victims who will not participate in a criminal case. Victims know
best what they need to do to stay safe and to heal. Judges should remain open
to absent-victim prosecution strategies, or cases that proceed without testimony
from a victim or survivor. Judges should also be aware that the lack of court room
security procedures may also impact a victim‘s willingness to testify.
 Sanctioning violations of court orders, parole terms, or probation conditions

swiftly and consistently.
 Requiring that the prosecutor provide evidence that one party is the predominant
aggressor in cases of dual arrest. Otherwise, victims will suffer undeserved
consequences, including jail time, and the possible loss of custody or
compensation. Victims who are arrested and charged after a domestic violence
incident are far less likely to report violence again and more likely to remain in a
dangerous situation.
 Allowing domestic violence survivors who are convicted of crimes to have parole
release decisions made with appropriate weight given to their confinement record
and actual public safety risk; and allowing domestic violence survivors who are
convicted of crimes to earn merit time credits and temporary work release
privileges. Considering sentencing domestic violence survivors who acted to
protect themselves to alternative programs instead of prison. (Avon Global
Center for Women and Justice at Cornell Law School and the Women in Prison
Project of the Correctional Association of New York, 2011).
 Offering flexibility in court date scheduling. Judges should consider issues victims
might have with work or child care needs and travel expenses.
 Ensuring compliance with evidentiary rules, victim‘s rights legislation, and

protective measures such as rape shield laws.

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 Limiting court procedures that may intimidate victims such as depositions, which
are information-seeking sessions where a victim may be aggressively questioned
by the defense attorney, and evidentiary hearings, which examine the charges in
a formal setting. These procedures may be used as tactics to discourage a
victim from pursuing the case.
 Minimizing the necessity for victims to appear in court. Repeatedly recounting

incidents of abuse is traumatizing for the survivor. Victims who have to return to
court repeatedly likely will be unduly burdened and may lose income, lose their
job, have trouble with transport and child care, etc. Defense lawyers may employ
a strategy of many motions requiring court appearances in the hope that the
victim will end her participation. Judges should be aware that a victim‘s economic
stability may be adversely affected by repeated court hearings. Also, abusers
may limit women‘s access to court or re-victimize her upon each visit to court.
 Allowing victim advocates to accompany victims to all hearings.
 Ensuring that victim‘s contact information remains confidential. Provide

alternatives for the victim to receive court notices, such as through her attorney
or a woman‘s organization.
 Protecting privileged communications from victim counseling sessions.
 Utilizing interpreter services when necessary for victims at all court processes.
 Awarding custody to survivors of intimate partner violence in cases of domestic

or family violence. Visitation should be awarded to a parent who committed
domestic violence only if the court finds that adequate provision for the safety of
both the child and the parent who is a victim of domestic violence can be made.
Justice system personnel should be aware that visitation schedules often
increase opportunities to stalk, manipulate, or intimidate victims. Courts should
consider past incidents of domestic violence when awarding visitation.
 Applying international human rights standards to cases in domestic courts.
Tools for Judges
 Checklist for Domestic Application of International Law (Avon Global Center

for Women and Justice). Available in English.
 Council of Europe Convention on Preventing and Combating Violence

against Women and Domestic Violence (2011) provides an example of a
binding instrument that prohibits mandatory alternative dispute resolution
processes, including mediation and conciliation (Art.48). Available in English and
French.

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 The St. Paul Blueprint for Safety (Praxis International, 2010). A comprehensive
plan for the judiciary, law enforcement, and service providers to respond to
domestic violence in any country. Available in English.
 Training Manual on Combating Violence against Women (Appelt, Kaselitz

and Logar, eds., (2000). provides information on myths and realities of violence
against women, training objectives, methods, and teaching aids, and specific
modules for judicial professionals (among others) including handouts. Available
in English.
 The Toolkit to End Violence against Women (National Advisory Council on

Violence Against Women, 2001). USA. Contains many strategies for judges,
prosecutors, and other legal system professionals to improve their response to
violence against women. Available in English.
 Model Strategies and Practical Measures on the Elimination of Violence

Against Women in the Field of Crime Prevention and Criminal Justice:
Resource Manual (International Centre for Criminal Law Reform and Criminal
Justice Policy Canada, 1999). Comprehensive strategies for responses to
violence against women. English.
 Guidelines for Practicing Gender Neutral Courtroom Procedures (The

Gender Bias Reform Implementation Committee, 2004). English.
 Pretrial Innovations for Domestic Violence Offenders and Victims: Lessons

from the Judicial Oversight Initiative (US Department of Justice Office of
Justice Programs, 2007). Contains specific guidance for restructuring courts to
promote victim safety and offender accountability in domestic violence cases.
Available in English.
 Guia de Criterios de Actuación Judicial Frente a la Violencia de Género

(Consejo General Del Poder Judicial, 2008) A resource for judicial professionals
in Spain, it provides information on rights of survivors and judicial remedies,
among other issues. Available in Spanish.
 Domestic Violence and the Courtroom: Understanding the Problem,

Knowing the Victim (American Judges Association) Available in English.
 Improving the Judicial Response to Domestic Violence in the Courtroom

(The Advocates for Human Rights, 2003). Available in English and Russian
(attached).
 Civil Protection Orders: A Guide for Improving Practice (National Council of

Juvenile and Family Court Judges, USA, 2010). Available in English.

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Judges should modify court protocols, policies, and processes to support

women and girl victims of violence by:
 Providing simplified, free-of-charge reporting procedures and specially-trained

female court employees who exhibit a respectful demeanor. This will have a
direct impact upon the number of victims who will apply for justice and who will
continue to work with prosecutors to pursue crimes of violence.
 Simplifying the procedures for accessing their courts. Rules for filing should be
written in plain language and in as many languages as necessary.
 Working with prosecutors and law enforcement to develop clear, written protocols
with detailed best practice procedures for handling cases of violence against
women and girls.
 Implement a specialized docket for cases of violence against women.
 Mitigating the harmful effects of a forensic system. Many victims of violence are
required to obtain a forensic certificate from a medical professional as evidence
of their injuries. The medical practitioner is charged with collecting, documenting,
and preserving evidence of violence, taking a history of the assault, and
providing an expert opinion as to the cause of the injuries, while at the same time
providing the victim with necessary care and treatment. However, forensic
doctors are often difficult and expensive to access, and can be hostile to victims
of domestic and sexual violence. For many victims, the forensic examination is
experienced as another type of assault, and the certificate requirement poses an
insurmountable barrier to justice. This type of evidence should not be necessary
to pursue a case, but should be made available for those who choose to access
it. If possible, forensic doctors should be present at the initial appearance of the
victim, along with police and the victim advocates, thus limiting the number of
times she must repeat her account. Strategies to improve the forensic system‘s
response to survivors include:
o Abolishing the requirement of a police referral to a forensic examiner. This
is often at additional cost to the victim and may cause delays which can
result in evidence degradation.
o Providing female forensic examiners trained to provide gentle and
compassionate examinations.
o Enforcing standardized protocols to create uniform practice and updated
procedures among jurisdictions.
o Preparing standardized protocols for examination of young girls.
o Ensuring that examination rooms are comfortable and private.
o Ensuring priority in triage systems so that prompt examination and
treatment prevents degradation of evidence.

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o Providing forensic exams only when consent is given and is not

conditional to police reports. Consent should be requested for each
separate procedure.
o Providing victims with explanations of necessary procedures in their own
language or with assisted communication prior to the actual procedures.
o Providing up-to-date tools for gathering evidence.
o Using ―early evidence kits‖ (a mouth swab and a sterile container for a
urine sample) so that a victim can take liquids or food and use the
bathroom without contaminating the evidence. This is particularly
important if delays before the more thorough exam are common.
o Providing proper storage of evidence so that the victim may decide to
report at a later date with no fear that evidence has been destroyed.
o Educating victims about the importance of prompt treatment for sexually-
transmitted diseases.
o Providing free-of-charge testing for HIV and follow-up care.
o Offering free-of-charge prophylaxis for pregnancy.
o Ensuring that all services, tests, and prescriptions are free-of-charge.
o Providing victims with supportive care, including counseling and court
support services, like that provided in Thuthuzela Care Centres.
o Offering victims referral information for social services and follow-up care
when care centres do not exist.
o Providing victims with advocates from women‘s NGOs who will provide
safety plans and follow-up support.
o Ensuring that forensic practitioners understand the dynamics of sexual
assault and are not judgmental with regard to the victim‘s clothing or
whereabouts at the time of the assault.
o Ensure that forensic practitioners receive training on evidence techniques
involving DNA collection and how to protect the chain of evidence from
tampering.
o Providing forensic practitioners with training on differences between
stranger and known-assailant sexual assaults, and how these impact the
gathering and documentation of physical evidence.
o Providing forensic practitioners with legal knowledge and prosecution
techniques to better link exams with possible prosecutions; for example,
documenting external injuries is important in predicting a prosecution
(Kelly, 2005).
o Using forensic nurses or other qualified personnel to extend the reach of
forensic practitioners. In many countries, women seek private forensic
exams even though free-of-charge public examiners exist, due to the fact
that forensic doctors are extremely scarce (Pan American Health
Organization, 2003).
o Routinely educating other medical professionals on competent and
sensitive forensic examination techniques for times when specially-trained
forensic examiners are unavailable.
o For more on forensic systems, see the Module on Health.

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Central America – Study on victim choice of medico-legal service providers

A 2003 study tracked the reasons victims of sexual violence accessed particular service
providers found that most victims (36.5%) chose providers closest to their homes. The
second most important criteria for choice (31.5%) was the specialized service provided.
Source: Pan American Health Organization, Situation Analysis of medico-legal and
health services for victims of sexual violence in Central America, San Jose, Costa Rica.
2003.
 Providing clear guidance for and close supervision of court administrators. Court
administrators include court clerks, administrative staff, bailiffs, and interpreters.
Court administrators play an important role as the public face of the judicial
system and the initial contact for members of the public. Judges should consider
their administrative staff as key partners in promoting a fair, impartial, and
accessible judicial system. Court staff should not receive bribes for making court
dates or expediting proceedings. Judges should take part in drafting clear
standards and policies for court administrators to use in the exercise of their
duties, and judges should ensure that their staff is well-trained to execute these
standards. Judges should monitor the actions of their staff to guard against
corruption. All court policies should be streamlined with the goal of providing
easy and non-threatening access to justice for claimants who approach the court
system. Judges should ensure that court administrative staff understands
violence against women and implications for the survivor and provides helpful
information to all members of the public in a courteous manner regardless of the
survivor‘s race/ethnicity, language/literacy abilities, sexual orientation or any
other characteristics.
 Hiring female administrative staff in all court locations. Judges should ensure that
trained female administrative staff is always available to take complaints
involving domestic violence, sex harassment, and sexual assault. Many women
are reluctant to speak with male staff about these matters.
 Including more women in their ranks at all levels of the judiciary. Judges can
promote the idea of women judges at law schools and bar associations. Judges
should publicize their acceptance of the idea of female colleagues.
 Implement and monitor a system which keeps data on victim contact information
secure. Only authorized court personnel should have access to this data.
 Design a courtroom security system that has victim safety as its cornerstone.
When victims know that courtrooms are secure, they will feel safe enough to risk
confrontation with the perpetrator in a court of law. Judges can:
o Provide separate waiting rooms with bathroom facilities for victims that are
staffed by law enforcement personnel.
o Provide escorts for victims and witnesses as they enter and leave the
building.

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o Provide weapon detector systems or procedures as the public enters the

building.
o Set up courtrooms with victim safety in mind. There should be adequate
space between parties, multiple exits, and bailiffs on duty for every
hearing.
o Develop guidelines for an immediate response to violence or threats of
violence. These guidelines should incorporate emergency evacuation
procedures, a lockdown of the building, sequestering victims, witnesses,
and juries, and the detention of violent offenders.
o Train all staff on emergency response procedures. Update the training on
a regular basis.
o Inform staff that strict adherence to security procedures is essential to
their employment.
o Order victim and witness protection.
o Provide swift and appropriate consequences for acts or threats of
courtroom violence (National Advisory Council on Violence Against
Women and the Violence Against Women Office, 2001).
Tools:
 Emergency Response Plan (Supreme Court of Arkansas: Administrative Office

of the Courts) establishes policies and procedures for fire, weather, earthquakes,
major medical emergencies, bomb threats, active shooter, and hostage situations
in court buildings and contains a template adaptable for use in any country.
 Effective Interventions in Domestic Violence & Child Maltreatment Cases:

Guidelines for Policy and Practice (The Greenbook) (National Council of
Juvenile and Family Court Judges Family Violence Department,1999). Available
in English.
 State of New Jersey Domestic Violence Procedures Manual (Supreme Court

of New Jersey and New Jersey Attorney General, 2008). Procedural guidance for
law enforcement, judges, and judiciary staff. Includes filing procedures for nights
and weekends, court procedures for all levels of the judiciary and court staff,
service of process requirements, and examples of forms in English and Spanish,
among other information. Available in English.
 Training Manual on Gender Sensitivity and CEDAW (Ateneo Human Rights

Center, 2007). Developed for the Philippine court system, it also serves as a
reference tool to promote rights-based decisions. The Philippine Judicial
Academy uses it in its training programme for court personnel. Available in
English.
 Avon Global Center for Women and Justice. The Avon Global Center works with
judges, legal practitioners, governments, and civil society advocates around the

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world to advance access to justice and end gender-based violence. The

Center‘s gender-justice initiatives include: 1) providing free legal research
assistance to judges worldwide; 2) undertaking in-depth practice-oriented
projects, which may be developed with judges; 3) maintains an online database
of case law and other resources focused on gender justice; and 4) hosts an
annual Women & Justice conference. To access the legal resources collection,
please click here. To request assistance for legal research or another project,
please click here.
 International Courts: The Judicial Experience (Avon Global Center 2010

Women and Justice Conference). See the Video.
 The International Association of Women Judges (Spanish) works to increase

women‘s access to courts and to increase the number of women judges at all
levels around the world. It conducts judicial trainings and issues a semi-annual
newsletter in English, French, and Spanish. Members may participate in a
Message Board to discuss topics of interest and interact with colleagues.
Tools for Forensic Professionals:
 Guidelines for Medico-legal Care for Victims of Sexual Violence (World

Health Organization, 2003); see ―Forensic Specimens‖ (pp. 57-63). Available
in English.
 A National Protocol for Sexual Assault Medical Forensic Examinations:
Adults/Adolescents (United States Department of Justice Office on Violence
Against Women, 2004). Available in English.
 California Medical Protocol for Examination of Sexual Assault and Child

Sexual Abuse Victims (Office of Criminal Justice Planning, California, USA,
2001). English.
 Social Acquaintance Rape from Crime Classification Manual : A Standard

System for Investigating and Classifying Violent Crime (Douglas et al.,
 Successfully Investigating Acquaintance Sexual Assault: A National

Training Manual for Law Enforcement (The National Center for Women and
Policing, 2001). Available in English.
 Good Practice in Medical Responses to Recently Reported Rape,

Especially Forensic Examinations (Kelly and Regan, 2003). English.
 Guidelines for Medico-Legal Care of Victims of Sexual Violence (World

Health Organization, 2003). English.

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 Sexual Assault Nurse Examiner Programmes: Improving the Community

Response to Sexual Assault Victims (Littel, 2001). English.
 Recent Rape/Sexual Assault: National Guidelines on Referral and Forensic

Clinical Examination in Ireland (National SATU Guidelines Development
Group, 2010). English.
Working with prosecutors to improve their response to survivors
Strategies for prosecutors to improve their response to survivors
Prosecutors, or State‘s Attorneys, represent the authority of the state in bringing a case
against an accused perpetrator of violence. Prosecutors are responsible for gathering
evidence, for charging cases, and for establishing all of the elements required by law to
prove the case in front of a judge or jury. These responsibilities provide an opportunity
for prosecutor contact with all participants in the criminal justice system:
victims/survivors, witnesses, police, judges, advocates, juries, and probation/parole
staff. Thus, prosecutors are well-positioned to provide expertise and leadership in
addressing violence against women and girls (National Advisory Council on Violence
Against Women, 2001).
Prosecutors should have the responsibility for bringing charges and trying cases of
violence against women and girls. The state‘s duty to protect its citizens is enshrined in
many constitutions and human rights instruments. If a survivor must pursue her case in
the criminal justice system, she is likely to abandon her claim due to fear of the
consequences of a public prosecution, including social stigma, family disapproval, fear
of her abuser‘s retaliation, fear of the legal process, and a lack of information about the
justice system.
Prosecutors should have the responsibility to pursue a case regardless of the level of
injury or the type of violence. State prosecution can remove the shame often felt by
survivors, contribute to their recovery, act as a potential deterrent to offenders, and may
provide an incentive for other survivors to come forward (United Nations, 2009).
The three goals of prosecution should be: (1) to protect the survivor; (2) to hold the
defendant accountable for the violence, thus deterring him from further violent acts; and
(3) to communicate a strong message of zero tolerance for violence against women and
girls to the community. Overarching strategies to support these goals include:
 Establishing and implementing protocols to prioritize survivor safety;
 Incorporating knowledge of gender-based violence into policies and protocols;
and
 Thoroughly investigating and effectively prosecuting acts of violence against
women and girls.

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Justice sector programmes focused on prosecutors can encourage prosecutors to

prioritize survivor safety by:
 Training prosecution staff on effective investigation and prosecution strategies

and approaches that support victim safety.
 Investigating the level of risk to each survivor of violence using standardized
danger assessment protocols.
 Training prosecution staff on harassment and stalking of survivors of violence.
 Seeking criminal no contact orders or domestic abuse no contact orders.
What is a no-contact order?
During the pendency of a criminal case, the court should have the authority to issue a
no contact order or a domestic abuse no contact order, which is different from a civil
order for protection. A no contact order directs the defendant not to contact the victim in
any way, by telephone, email, in person, at the victim's place of employment, home,
school, or in the community during the pendency of the criminal proceeding. The no
contact order should remain in effect at least until the criminal case is concluded. A
violation of the no contact order should also be a criminal offense.
 Allowing victim agency in certain cases of domestic violence. Victim agency

allows a victim to make the decision on whether or not the case should be
pursued. It is usually limited to cases of less severe injury from domestic
violence. Victim agency prioritizes a victim‘s own assessment of how her family‘s
needs will be met and how they will best be kept safe.
 Recognizing that victim recantation and refusal to cooperate are often the
outcome of threats by the abuser, and prosecutors should not react by
threatening to prosecute or by prosecuting the victim.
 Utilizing protective measures to increase survivor safety, including alternative

means of testifying such as video testifying and gag orders. A gag order in this
context is an order from a judge that the lawyers and/or the media not disclose
the survivor‘s identity or other identifiable facts about the survivor and the case.
 Considering victim impact statements in all cases of violence against women and
girls.
 Informing survivors of civil remedies which are available, such as protective

orders, when prosecutors decline pursue domestic violence cases. And, in some
criminal systems, the survivor can pursue criminal remedies privately, particularly
when the prosecution has dropped or lost the case.

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 Providing alternatives to increase outreach and assistance to victims in rural

communities. Rural communities often experience a lack of victim advocate
services, information about victim services, shelters, public transportation, and
communication services such as mail, telephone, or email. Prosecutor staffing is
likely to be limited. The community may be geographically isolated and
economically challenged. In sparsely-populated areas it can be more difficult for
victims of violence to report the violence due to the lack of anonymity or
confidentiality. Victims may fear traveling to a city to receive assistance. Some
outreach practices which have been shown to be effective in improving
assistance to victims in rural areas include:
o Volunteer victim advocates.
o College student advocates.
o Traveling victim advocates.
o Victim access to telephone hotline for their country for information and
referrals.
o Victim access to a secure website for information and referrals.
o Hairdressers as confidential sources of information.
o General informational websites.
o Creative methods of publicizing victim advocate programmes, such as
fliers in utility bills, or posting fliers in rural areas with tear-off contact
information.
o Information for victims of violence in programmes with which they may
regularly have contact, such as visiting health programmes or pre-school
programmes.
o Transportation services, discount gas cards, discounted or free hotel
accommodation, or child care funds.
o Secure local meeting places such as hospitals or schools for pre-court
meetings with survivors and witnesses.
o Incorporating victim advocate services at mobile courts.
 Obtaining adequate funding for comprehensive victim services in rural

prosecutor‘s offices. Funds may be lacking to maintain adequate and fully-trained
staff, to create specialized units, and to include the full range of services which
are necessary to serve survivors of violence. Adequate funds are necessary for
interpreter services, DNA testing, investigation services, and social services.
 Seeking nontraditional resources for rural prosecutor offices, such as in-kind
donations of office space, computers, furniture, and supplies.
 Utilizing nontraditional resources such as municipal or county boards, local
corporations, hospitals, or faith-based organizations. Adapted from: Office of
Victims of Crime, A Victim/Witness Guide for Rural Prosecutors, Overcoming
Geographical Isolation.
Tools for Working with Prosecutors:

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 Standards of Professional Responsibility and Statement of the Essential

Duties and Rights of Prosecutors (The International Association of Prosecutors,
 Guidelines on the Role of Prosecutors (Office of the United Nations High

Commissioner on Human Rights, 1990). English.
 Your meeting with Crown Prosecutor’s Service- Special Measures Guidance

to Assist Vulnerable and Intimidated Witnesses (United Kingdom Crown
Prosecutor‘s Service). An easy-to-understand leaflet for survivors. Available in
English.
 Use of Expert Witness Testimony in the Prosecution of Domestic Violence

Cases (United Kingdom Crown Prosecutor‘s Service, 2004), details how experts
can be used to explain the dynamics of domestic violence to judge and jury and
how the dynamics affect victim behaviour. Available in English.
 Model Policy for Prosecutors and Judges on Imposing, Modifying, and Lifting
Criminal No Contact Orders (Long et. al., 2010).This publication encourages
prosecutors and judges to develop and implement a process to gather timely and
accurate information about risk and lethality, a particular victim‘s wishes and
motivations, and possible negative consequences in order to best determine when
to impose or maintain a no contact order in the face of a victim‘s opposition.
 Prosecutor Protocol on Domestic Violence in Albania (The Women‘s Legal

Rights Initiative, 2006). Available in English.
 Code of Ethics for Public Prosecutors and Deputy Public Prosecutors

(Republic of Croatia, 2008). Available in English and Croatian.
Justice sector programmes can work with prosecutors to incorporate knowledge

of gender-based violence into policies and protocols by:
 Increasing prosecutors‘ knowledge of how the nature and impact of gender-

based violence may affect a survivor‘s willingness to testify due to:
o The fear of retaliation by a perpetrator against a survivor, her family, or
friends, especially when and if a perpetrator is released on bail;
o Negative reactions from family or community to women who plan to testify;
o A survivor‘s unwillingness to re-traumatize herself by testifying;
o A survivor‘s fear of not being believed;
o A survivor‘s fear of being blamed for the violence due to her actions or to
the perpetrator‘s social standing;

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o A survivor‘s lack of access to protective measures such as civil orders for

protection, witness protection programmes, and courtroom safety
measures; and
o A survivor‘s and her children‘s economic dependency on the perpetrator.
 Implementing pro-prosecution policies in cases of violence against women and

girls. A pro-prosecution policy means that prosecution is likely but not mandatory.
It ensures that the prosecution staff will give the issue serious attention (United
Nations Department of Economic and Social Affairs and United Nations Division
for the Advancement of Women, 2010).
 Training prosecutors on protocols for evidence-based prosecutions, which allow

for prosecution of offenders in the absence of survivors. Prosecutors should plan
to use corroborating evidence such as physical evidence, medical records,
expert witnesses, and other trial strategies to strengthen cases in which a victim
is unavailable to testify. By relying primarily on the evidence collected by the
police rather than the victim‘s testimony, prosecutors may be able to reduce the
risk of retaliation by the offender and increase the likelihood of a successful
prosecution in the event that the victim is unable or unwilling to testify.
Prosecutors who pursue difficult cases promote the message that gender-based
violence will not be tolerated.
o Avoiding delays in cases of violence against women and girls. Delays may
cause survivors to end their participation in the case due to threats or
other issues. Delays may also enable offenders to retaliate against
survivors.
o Reducing rates of dismissals and dropped charges for cases of violence.
o Utilizing danger or risk assessment standards in setting bail, reaching plea
agreements, and making sentencing recommendations.
o Training prosecutors on non-stranger sexual assault cases: that these are
legitimate assaults or rapes with real victims and culpable rapists although
they knew each other and may be married or living together. Prosecutors
should present the case as an aggravated assault by a trusted person.
Prosecutors should support a victim‘s claim of rape or assault by
documenting:
 All forms of resistance including words used to attempt dissuasion
 Means of submission
 Context or environment-related fears; for example, if the victim is
also a victim of domestic abuse, or if children were present nearby.
 Constraints felt by victim
 Repeat assaults
Tools for Working with Prosecutors:
 Policy for Prosecuting Domestic Violence Cases (United Kingdom Crown

Prosecutor‘s Service, 2009). Available in English and Welsh.

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 Guidance on Prosecuting Cases of Domestic Violence (United Kingdom

Crown Prosecutor‘s Service). English.
 The Code of Practice for Victims of Crime (United Kingdom Criminal Justice
System, 2004). English.
 The Link® for Prosecutors (Phillips, 2009).How to use the link between
violence against people and violence to animals in court. English.
 Policy for Prosecuting Cases of Rape (United Kingdom Crown Prosecutor

Service, 2009). Available in English and Welsh.
 Prosecutor Sexual Assault Protocol: A Resource Guide for Drafting or

Revising Tribal Prosecutor Protocols on Responding to Sexual Assault
(Including a Model Sexual Assault Protocol (White et. al., 2008). Although this
tool was drafted specifically for use by tribal prosecutors, its protocol can be
widely applied to sexual violence cases in any location. English.
 National Guidelines for Prosecutors in Sexual Offense Cases (South Africa

Department of Justice). English.
 Training Manual for Prosecutors on Confronting Human Trafficking (United

Nations Office on Drugs and Crime and Government of India, 2008). English.
 Toolkit to Combat Trafficking in Persons (United Nations Office on Drugs and

Crime, 2008). Guidelines and promising practices for judges, prosecutors,
service providers, and policymakers on issues including protecting and assisting
victims. English, Arabic, Chinese, French, Russian, and Spanish. To download
individual Tools, see the Online Toolkit.
 Trafficking Women and Children for Sexual Exploitation: Handbook for Law
Enforcement Agencies in India (Nair, 2007) English, Hindi. Section 5 contains
a list of ―dos and don‘ts‖ for the prosecution of trafficking crimes. The Appendices
include a checklist of elements of the law, possible evidence, and good practice
models.
 Training Manual for Judges and Prosecutors on Combating Human

Trafficking – Moldova (Vidaicu and Dolea, 2009). Romanian. Addresses
substantive and procedural law, including investigating and prosecuting
trafficking cases with international cooperation.
In cases of intimate partner violence prosecutors can better support victims by:
 Understanding the dynamics of domestic violence and how these cases differ
from other cases of sexual or physical assault.

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 Recognizing the often weak rates of success for batterer intervention and other
offender programmes such as alcohol treatment or anger management
programmes, and evaluating the evidence-base of good practice in these
programme areas.
 Responding to domestic violence crimes in ways that put the safety of the victim
first and are not dependent upon her subsequent participation in court.
o Using all available sources of evidence that support charges independent

of a victim‘s direct testimony, including: past police reports and orders for
protection, evidence from the scene such as photos of damaged property,
ripped clothes, or broken phones; testimony of neighbors, friends, or
family members present during instances of violence; emergency call
tapes; email, voicemail or text communications; prior arrests and
convictions; medical records; and family court files.
o Seeking charges stemming from a defendant‘s actions after police arrival
on the scene, witness tampering from jail, and violations of pretrial
release conditions. By pursuing a broad range of charges, prosecutors
can lessen the reliance on victim testimony and possibly expand the
crimes to be charged, for example, to include strangulation or stalking.
Prosecutors should consider all charges that could result from a patterned
use of intimidation, coercion, and violence and which will result in a
disposition that will enhance the safety of the victim and hold the offender
accountable. Examples include: interference with an emergency call,
disorderly conduct, terroristic threats, criminal damage to property, sexual
assault, and animal abuse. For an audiotape of a Minnesota, USA
prosecutor discussing jail phone calls which violate no contact orders and
audiotapes of defendants attempting to manipulate victims from jail, click
here.
o Protecting victims from retaliation because of their participation in
prosecution.
o Emphasizing at every opportunity that it is the prosecutor‘s decision on
behalf of the community and the state to pursue charges, and not the
victim‘s decision.
 Setting priorities which give precedence to cases which demonstrate the greatest
risk to victims and their families. Prosecutors should:
o Use a standardized risk and danger assessment in domestic violence cases
and consider:
 Type, severity, and frequency of assault
 Date of most recent assault
 Serious injury in this or prior assaults
 History and nature of past violence towards this victim and others
 Current or recent separation of abuser and victim
 Strangulation attempts
 Stalking behaviour

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 Threats to harm victim or children

 Threats of homicide or suicide
 Intimidation of victim if she seeks help
 Jealous or controlling behaviours
 Sexual aggression and coercion
 Animal abuse
 Criminal history
 Access to firearms
 Current or past orders for protection
 Alcohol or drug use
 Mental health concerns
o Evaluate the context of the violence between the parties by asking :
 Is there a pattern of ongoing intimidation, coercion, and violence?
 Who is perpetrating such a pattern, and against whom?
 What is the severity of the violence?
 Who has been injured and how?
 Who is afraid and in what ways? (Include non-physical fears such as
losing children, home, job, etc.)
 What kinds of threats or coercion have been used to dissuade the
victim from participating in the prosecution?
 Who is most vulnerable to ongoing threats and coercion?
o Evaluate the situation regarding children by asking:
 Has the abuser harmed the children? In what ways?
 Has the abuser threatened to harm the children? In what ways?
 What is the status of any family or other court case?
 Does the victim fear that the abuser will take the children in retaliation
for the cooperation with prosecutors?
 Was the victim assaulted during pregnancy or shortly after giving birth?
(Praxis International, 2010).
USA – District Attorneys Association Policy Positions on Domestic Violence

The United States National District Attorneys Association has developed a policy on
prosecuting domestic violence cases. The Association recognized that partner violence,
because of the intimate relationships involved, is unlike other types of victim-assailant
cases. Victims may be economically dependent upon the abuser and share children and
a residence with the abuser. The Association recognized that victims know what they
can do to maintain their safety as well as the safety of their children or other family
members. The Association noted that victims may be hostile to police and prosecutors,
may not want to participate in court processes, and may recant statements about the
abuse. Victims may have had other unsatisfactory or even hostile experiences with the
justice sector, and they may be ashamed or afraid to make the violence public. They
may fear the loss of their children, loss of economic support, and family disapproval.
The Association acknowledged the tension between these factors and the interest of the
state in robust prosecution of the offender. The policy states that ―As a result of the

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philosophical differences between a victim of domestic violence and prosecutor

handling such cases, it is imperative that prosecutors devise methods to most
practicably address the goals of all parties involved in cases of domestic violence and to
eliminate as many of the conflicts as possible.‖
The policy prioritizes prosecutor education and support of the victim. Prosecutors are
advised to obtain relevant information about the incident and history of abuse as soon
as possible, establish a rapport with victims, and maintain regular contact with victims.
Prosecutors should provide victims with information on shelters, victim/witness
programmes, NGO victim advocate programmes, medical services, and legal
assistance services. Victim input should be respectfully requested.
The policy advises against written official policies to cover all domestic violence cases,
and states: ―Prosecutorial discretion and specialized training as applied to the facts of
individual cases are the best tools to address domestic violence…Prosecutors are
encouraged to use prosecutorial discretion to resolve cases of domestic violence and to
provide for both victims‘ safety and abusers‘ accountability.‖
The policy states that: ―Prosecutors should treat all cases involving domestic violence in
such a manner that:
1. Victims understand that their safety is the paramount concern of law enforcement
and the prosecutor;
2. Abusers and potential abusers understand that they will be held accountable for
such acts; and
3. The community is acutely aware of the importance and serious ramifications of these
cases….‖
Source: National District Attorneys Association. 2004. National District Attorneys

Association Policy Positions on Domestic Violence.
USA – Prosecutor Policy in a Coordinated Response to Domestic Violence

The US city of St. Paul, Minnesota, received legislative funding to create a ―blueprint‖ (a
highly detailed, foundational document) on building an effective criminal justice
response to domestic violence. The Blueprint for Safety sets out goals and methods to
enforce Minnesota criminal laws on domestic violence and maximize successful
prosecutions for perpetrators. The Blueprint takes note of additional factors involved in
prosecutorial discretion to charge domestic violence cases, including (1) the history and
context of violence between the defendant and the victim, (2) the seriousness of injuries
and/or the level of fear expressed by the victim, (3) the ways in which children have
been used as part of a pattern of abuse and violence, and (4) the impact of no
intervention or less aggressive intervention on potential lethality.
The Blueprint states that prosecutors can deter further abuse by consistently ―…issuing
the highest level charge possible within the framework of ethical practice and the goals
of victim safety and offender accountability and rehabilitation.‖ Prosecutors should:

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- Engage in dialogue with the victim and avoid treating her simply as an information
source.
- Act in ways that prioritize safety and respect a victim‘s precarious circumstances and
fear of the offender‘s aggression.
- Request a no-contact order.
Source: Praxis International. 2010. The Blueprint for Safety.
USA – A conversation with a prosecutor about victim requests to lift no contact

orders in domestic violence cases
―In Milwaukee, Wisconsin, USA, no contact orders are a part of almost all criminal cases
from the first initial court appearance following charging. Usually, the defendant will
make his first court appearance in front of a court commissioner. The prosecution/state
will make a blanket request for a no contact orders in almost every case, as a non-
monetary condition of bail. The court will almost always grant this request at this initial
appearance.
However, at later court appearances (prior to trial), sometimes the victim will appear to
request that the no contact order be lifted. In my experience, victims will typically make
this request to lift the no contact order in a criminal case on the record. If it's in writing,
who knows who sent it? The court will want to talk to the victim personally before lifting
the no contact order... just to satisfy the court before a decision is made. After all, the
victim's safety is at issue. The no contact order is in place for the purpose of victim
safety.
As a prosecutor, I want the victim to make this request on the record IN FRONT OF
THE DEFENDANT who is usually sitting at counsel table with his attorney. Why?
For "victim safety" purposes... remember that the defendant is listening. He may be
having contact with the victim, even though the court has issued a no contact order in
the case. But he doesn't want to get caught and get charged with Bail Jumping. And he
probably has gotten to the victim, communicated with her, plead his case with her,
perhaps "sweet talked" to her and made promises, and often times convinced her to
come to court and make the request. That's his best chance of getting the no contact
order lifted.
If the court doesn't hear from the victim, the court is unlikely to assume that she wants
the no contact order lifted. But... the fact that she's now coming to court and making a
statement in open court that she wants the no contact order lifted... he's listening... he
now knows that she is willing to come to court on his behalf. The way I look at it: he
believes that she is advocating FOR him... No matter what happens, she is safer now
that she has made a statement "on his behalf."
Usually, before the victim speaks on the record, the victim will have just finished talking
to one of the Victim Witness Specialists from my office. If I'm the prosecutor in the

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courtroom, my Victim Witness Specialist will let me know beforehand that the Victim
wants the no contact order lifted. I've had victims make statements to the court
requesting that the no contact order be lifted... the court will deny the request and allow
the no contact order to remain in effect... and then the victim has breathed a sigh
of relief. She never wanted it lifted, but he did... so she came to court and advocated for
lifting it.
Now, what should be my position as a prosecutor? I usually empathize with the victim;
however, if I haven't seen that the defendant has done anything since the incident, I
point it out to the court. I may tell the court:
"Judge, I understand the victim's position in this case, and I totally understand the
inconvenience that the no contact order has caused to the entire family... But I'm also
looking at the allegations in this case where the defendant was intoxicated and
repeatedly beat the victim in front of their children. There is also a long history of abuse,
with the defendant always abusing alcohol, getting angry and violent, beating the victim,
and using power and control tactics to attempt to humiliate and intimidate the victim and
other household members. My problem is this... what has he done since this offense?
Has he enrolled in Alcohol counseling? Has he enrolled in Batterers' Intervention
Counseling? Has he taken any steps to show that he is less of a risk to abuse in the
future? Has he taken any responsibility?"
My view is that the prosecutor's response to HER request to lift the no contact order is
to shift the focus onto HIM. HE caused this problem. What is HE doing to change? The
victim may be telling us that she feels safe today... but what is HE doing to convince us
of that fact? How do we know that HE is responsible? What is HE doing to convince us
that he is taking responsibility... we know HE isn't pleading guilty... we know that HE
isn't enrolling in treatment. How can I, as a prosecutor, take any other position but to
object to lifting the no contact order?
Regarding written forms... I don't want any written forms. We've had offenders get their
female relatives to call our Victim Witness Specialists and act like the victim on the
phone. How do I know it's the victim who has written the letter or filled out some form?
If it's delivered to court by defense counsel, I can't be assured that she's received any
safety planning... certainly not by any defense counsel. I want the victim to come to
court. Despite the inconvenience, if the victim comes to court, I may be able to connect
her with a victim advocate from the community. I may be able to make a connection
between the victim and our Victim Witness Specialist. I may not get a conviction in this
case. But, if a relationship is established between the victim and an advocate or Victim
Witness Specialist... then in the future, if she becomes ready to leave, then she may
trust one of these professionals and contact them for supportive services. Establishing a
trust relationship between the DA's office and/or the community agency is really the key.
We need her to feel as if she can trust someone.‖
Source: Email Communication from Paul Dedinsky, Assistant District Attorney,

Milwaukee District Attorney's office (reprinted with permission).

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Tools for Working with Prosecutors on Domestic Violence:
 Best Practices for Crown Prosecutors Addressing Victim’s Issues (Alberta

Department of Justice). Available in English.
 Domestic Violence Handbook for Police and Crown Prosecutors in Alberta

(Alberta Justice Communications, 2008). Available in English.
 St. Paul Blueprint for Safety: An Interagency Response to Domestic

Violence Crimes (Praxis International, 2010). Available in English.
 The CPS Policy for Prosecuting Cases of Domestic Violence (United

Kingdom Crown Prosecutor Service, 2009). Available in English and Welsh.
 Extended Guidelines, The Prosecutor’s Pledge (United Kingdom Crown

Prosecutor Service). Available in English.
 Guidance on Prosecuting Cases of Domestic Violence (The Crown

Prosecutor‘s Service (United Kingdom Crown Prosecution Services). Available in
English.
 Attorney General’s Guidelines On The Acceptance Of Pleas And The

Prosecutor’s Role In The Sentencing Exercise, United Kingdom Crown
Prosecutor Service). Available in English.
 Pretrial Innovations for Domestic Violence Offenders and Victims: Lesson

Justice Programs, 2007). Available in English. An examination of pre-trial
practices in DV cases aimed at ensuring victim safety.
 Requisites for Courts Handling Domestic Violence Cases (Battered Women‘s

Justice Project, 2001). Available in English. Contains guidelines for any court
handling domestic violence cases and separate guidelines for dedicated courts
which handle domestic violence cases.
Justice sector programmes can work with prosecutors to increase effective

investigations and prosecutions by:
Implementing strategies to reinforce prosecutorial independence and anti-

corruption
 Establish professional prosecutorial associations to promulgate standards of practice

and behaviour.

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 Encourage civil society organizations to regularly monitor prosecutorial offices

through accounting records and case review. For example, the Tracking Justice
Project of Tshwaranang Legal Advocacy Centre in South Africa studied factors
associated with case withdrawals, convictions, and acquittals and reviewed the use
of the rules of evidence and procedure in sexual assault cases. Source: Vetten et
al., 2008.
 Expose fellow prosecutors to international best practices and expert advice through
conferences, web forums, and workshops.
 Implement automated case management systems to limit opportunities for assigning

cases under improper influence.
 Establish a system for regular review of personal assets and income.
 Publish an annual review of cases reported and prosecuted, and case outcomes.
Prosecutor Associations on the Internet:
 The International Association of Prosecutors offers conferences and member

forums.
 Australian Association of Crown Prosecutors promotes education of prosecutors,
networking, and participates in justice reform.
 Canadian Association of Crown Counsel. Available in English and French.
 European Judges and Prosecutors Association
For judges, prosecutors, magistrates and students in 14 EU countries. Available
in French, English, Portuguese, Spanish, and German.
 Africa Prosecutors Association - Facilitates information-sharing and co-operation
among prosecutors in Africa.
 Association of Prosecuting Attorneys represents all types of prosecutors. It hosts
a global forum to provide access to technology, idea exchange, and collaboration
with criminal justice systems professionals. Contact: [email protected]. Available
in 52 languages.
 National Center for the Prosecution of Violence Against Women of the US-based
National District Attorneys Association offers case consultation, trainings, jury
selection consultation, and articles on prosecution techniques to prosecutors of
domestic violence, dating violence, sexual violence, and stalking cases. For
technical assistance, click here.
 AEquitas, The Prosecutors‘ Resource on Violence Against Women US-based
organization offers technical assistance in cases on violence against women.
Robustly and supportively prosecuting cases of violence against women and

girls

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 Obtaining all relevant background material for pursuing cases of violence against
women, such as medical reports, the offender‘s criminal history, and evidence of
other incidents.
 Devoting time and adequate resources to case preparation, including cases of

violence against minority populations.
 Seeking full sentences for cases of violence against women and girls.
 Training prosecutorial staff to reach out to specific populations such as immigrant

women, female migrant workers, adolescent girls, and minority women.
 Utilizing interpreter services, if necessary, at all phases of investigations.
 Protecting survivors from irrelevant attacks on their character and inappropriate

cross-examination. These attacks are often based upon stereotypes of victims of
violence. Prosecutors should poll juries for evidence of gender bias and file motions
for exclusions of unreliable and prejudicial expert testimony.
 Using expert testimony to explain the dynamics of violence against women and its
effect upon reporting of the crime, recanting, refusing to testify, and other common
victim behaviours. Defense attorneys may pose this behaviour as unusual for rape
victims, thereby undermining victim credibility. (Ellison and Munro, 2009).
 Requesting special measures for vulnerable victims and others, including screens
and video testifying.
 Allowing defendants to cross examine victims in court only when using special
protections such as screens, examination by proxy, or videotaping mechanisms
Tools to Support Prosecutions:
 Rules of Procedure and Evidence (International Criminal Court, 2002). Rules

70-72 are on principles of evidence in sexual violence cases. Available in
English, Español, Français, Русский, ‫عرب ي‬, and 中文.
 Introducing Expert Testimony to Explain Victim Behaviour in Sexual and

Domestic Violence Prosecutions (American Prosecutors Research Institute,
 Educating Juries in Sexual Assault Cases: Part I: Using Voir Dire to

Eliminate Jury Bias (Mallios and Meisner, 2010). Available in English.

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Extending protective and supportive practices beyond the trial
 Allowing pretrial intervention, treatment, or diversion programmes ONLY IF

operators of such programmes work with survivor services to enable feedback from
the survivor on recurrence of violence, and ONLY IF justice officials provide
continuous monitoring of compliance with regular, formal reviews, and immediate
reports to probation officers and police if violence reoccurs. Pretrial programmes are
alternatives to prosecution and seek to divert offenders, especially juveniles, with no
prior offenses from traditional criminal justice processing into a programme of
supervision and services.
 Requesting conditional release if the defendant's release will be a risk to public

safety or to the victim, or if the defendant may not appear for the next court
proceeding. Those conditions may include placing the defendant in the care and
supervision of a designated person; placing restrictions on travel, association, or
place of abode during the period of release; imposing curfew; restrictions on alcohol
or drug use; requiring the deposit of other security to ensure return, or imposing any
other condition deemed reasonably necessary to assure victim safety and the
defendant‘s appearance for the next court proceeding.
 Ensuring that orders for protection are entered into country-wide registries and that
violations of orders for protection are prosecuted. Most protection order registries
are confidential; for example, see the information on the protection order registry of
British Columbia, Canada. See a video on the importance of protective order
registries in promoting victim safety(Protection Order Registry: Protecting Indiana‘s
Residents, The Indiana Supreme Court).
 Utilizing new technologies such as electronic monitoring bracelets or automated

check-ins to monitor the location of the perpetrator and improve compliance with
orders for protection. For example, a 2009 report on the use of such devices in
Madrid, Spain, indicated that courts used them increasingly and that gender-based
homicides decreased at a higher rate in Madrid than in the rest of Spain during the 3
years since usage began (ElmoTech Ltd and Comunidad de Madrid, 2009).
 Encouraging prosecutors to participate in community outreach and education in

order to increase public confidence.
 Engaging with women‘s NGOs to obtain information on the willingness of women to

report crimes of violence, and why women do not report these crimes, so that the
barriers can be addressed.
 Forming teams from all sectors to work together on cases of violence against
women. In addition to the prosecutor, teams should include:
o Police
o Victim/Witness Team within prosecutor offices
o Victim/Witness Advocate

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o Probation and parole officers

o Support service providers
o Child welfare service professionals
USA – Electronic Monitoring Increases Victim Safety, Offender Accountability

Lane Country, Oregon, United States has instituted a pretrial release programme
conditioned upon the wearing of an electronic ankle bracelet. The programme, court
officials say, has improved victim safety and the rate of defendants who appear in court.
Officers meet weekly with the monitored defendants and use surprise home visits to
ensure compliance. Officials note that only 7 of 332 monitored defendants failed to
appear in court during a two-year period. Defendants are able to return to work, and the
monitoring makes victims feel safe.
The ankle bracelets are part of a Victim Safety Program that includes an 8-page danger
assessment form with information on past convictions, past failures to appear, and
violations of protection orders. Pretrial release officers use the assessments in making
decisions about conditional release, and defendants can appeal the decision to a court.
The programme has been particularly useful in this part of Oregon, which lacks funding
to provide enough cells for all defendants prior to trial.
Source: McGowan. 2010. Pretrial Program Scrutinized.
Tools:
 Prosecuting Alcohol-Facilitated Sexual Assault (American Prosecutors

Research Institute of the National District Attorneys Association, 2007). Available
in English.
 Working with Immigrant & Refugee Victims: A Guide for Prosecutors, Law
Enforcement, and Advocates (Minnesota County Attorneys Association and
Minnesota Center for Crime Victim Services, 2000)[sent with December draft]
Discusses barriers faced by immigrant and refugee victims of crime, ways to help
victims overcome these barriers, and methods to improve investigation and
prosecution of domestic abuse and sexual assault cases with immigrant and
refugee victims.
Working effectively with police
 Collaborating with police to train dispatchers, patrol officers, and police chiefs at
every level on issues of gender-based violence, investigative techniques, arrest and
charging issues, evidence questions, weapon confiscation, and victim protection.
 Ensuring that police:

o Use proper investigative and search techniques so that evidence will be
admissible in court. For example, the use of head cameras in United

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Kingdom is limited to uniformed police and in situations with a policing

purpose or an evidentiary need. The subsequent care and keeping of
recordings is regulated by Home Office guidelines as well.
o Conduct detailed, private, and respectful interviews of parties and
witnesses. Female officers should interview survivors.
o Fully complete a report about each incident of violence.
o Conduct follow-up interviews with victims and witnesses for additional
information and new photographs.
o Understand applicable laws on violence against women, including the
elements of the crime and special criminal procedures applicable to these
offenses.
o Understand and apply the concept of self-defense to the facts of an
incident of domestic violence before making an arrest. Self-defense
should include defense not only of self, but of others and property.
Incidents where a person uses reasonable force in defense of themselves
or others should not result in arrest of that person.
o Consult experienced police detectives and forensic health care
professionals where available to help distinguish between offensive and
defensive injuries.
o Use all available means to identify and arrest only the predominant
aggressor in cases where complaints are received from two or more
persons involved in a domestic violence incident. Adapted from: National
District Attorneys Association‘s Policy Positions on Domestic Violence,
USA, 2004.
Tools for Working with Police:
 See the Security Sector Module on the Virtual Knowledge Centre.
 “She Hit Me Too” Identifying the Primary Aggressor: A Prosecutor’s

Perspective (Strack, 1998). English
 Domestic Violence Handbook for Police and Crown Prosecutors in Alberta

(Alberta Justice Communications, 2008). Available in English.
 Intimate Partner Violence Victims Charged With Crimes: Justice and

Accountability for Victims of Battering Who Use Violence Against Their
Batterers (Greipp, Meisner, and Miles, 2010). Provides steps necessary to
determine whether a defendant charged with domestic violence is in fact a victim
and how to evaluate self-defence and predominant aggressor analysis. Available
in English.
 Improving Law Enforcement Investigation Techniques: a Curriculum

(Advocates for Human Rights, 2003). Available in English.

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 For additional tools and training materials for police, see the security sector
module.
Establishing special prosecutorial units
Forming specialized prosecutorial units to facilitate training, foster expertise, and

increase efficiency and quality of services to survivors. Survivors should have the option
to work with female prosecutors. Units should be fully and consistently funded to
promote sustainability. Research indicates that specialized domestic violence
prosecution units increase prosecution and conviction rates, as well as victim
cooperation and satisfaction (Klein, 2009). The advantages of specialized units are:
 Prosecutors develop expertise on issues of violence against women.
 Opportunities readily exist for regular review of protocols and policies for best
practice standards.
 Prosecutions are facilitated generally for cases of violence, possibly due to
greater responsiveness to victims, a higher expectation of victim participation in
the prosecution, and more efficient use of information, including data on
recidivists and police reports (Klein, 2009).
 Faster prosecutions can prevent escalation of violence.
 Prosecutors may be able to coordinate more effectively with the community.
Specialized domestic violence prosecutor units may be more likely to participate
in task forces or coalitions involving community agencies. (Klein, 2009).
 Prosecutors may take a more active part in building cases and may take on
more challenging cases, thus improving impunity (Kelly, 2003).
Specialized Prosecutor Units Improve Access to Justice in Afghanistan
In Afghanistan, international and governmental organizations have founded specialized

prosecutor units which focus on crimes of violence against women and girls under the
2009 Elimination of Violence Law. The first unit was formed in Kabul in 2010 and
consisted of eleven prosecutors who received special training on gender justice. In the
first year they prosecuted nearly 300 cases, usually of assault or rape, and prosecutions
doubled from the first to last month of the initial year. The Kabul Unit also formed a
network of victim support services with shelters, health, and educational resources in
order to facilitate their use by women and girls. Its success prompted the Afghan
Attorney General and international governments and organizations to open a second
specialized unit in Herat in 2011.
Source: International Development Law Organization. 2011. Le Bureau du Procureur

Général et L‘OIDD Lancent Une Unité De Lutte Contre la Violence à L‘Encontre des
Femmes dans la Province de Herat, en Afghanistan.
Using specially-designated prosecutors

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Training specially-designated individual prosecutors, who are trained on the dynamics

of violence against women is a useful strategy when establishing specialized units is not
feasible. Also, using vertical prosecution is another strategy in managing case
assignment. With vertical prosecution, the same prosecutor is assigned to the case from
beginning to end. Benefits of vertical prosecution include:
 Continuity and familiarity for victim and prosecutor
 Less necessity for victims to provide repeated statements, which is difficult and
traumatic for victims
 Less opportunity for missteps when cases are transferred
 More opportunity to develop trust for victims. (Center for Sex Offender
Management, The Comprehensive Approach to Adult and Juvenile Sex Offender
Management: An Overview).
Working with victim/witness advocates on maintaining effective communication

with survivors
Although prosecutors have the primary responsibility to keep victims informed,

victim/witness advocates can act as a liaison between the victim and the prosecutor by
providing important knowledge about the upcoming court processes to survivors. They
can enhance a victim‘s safety, and ability and willingness to be an effective witness.
Advocates can also provide emotional support. When victims feel supported and have
an idea of what to expect, they are more likely to help in the prosecution of their case.
Prosecution will be facilitated and more perpetrators will be convicted. Prosecutors and
advocates can enhance prosecutions by:
 Informing survivors of their rights in the case.

 Working to coordinate victim services/witness care throughout the criminal
proceeding and to coordinate support services so that survivors are not re-
traumatized. For example, Thuthuzela Care Centres in South Africa provide a
full range of services for survivors, from counseling to legal and medical
assistance.
 Informing victims of court policies and procedures relevant to their case,
including setting terms and conditions of bond, release dates, trial and
sentencing dates, and other relevant information regarding sentencing or post-
trial motions.
 Orienting victims and their families to courtroom procedures and the upcoming
trial process so that they understand what is expected of them at each stage.
 Advance notice of details of all hearings related to the case, including location
and times of hearings.
 Providing victims with information on how to travel safely to and from court.
 Accompanying victims to court hearings.
 Explaining all prosecutorial decisions and the reasons for the decisions,
including decisions made to drop the case.
 Offering opportunities for survivors to provide input into the case.

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 Offering opportunities for survivors to voice their fears about the perpetrator or
the court process.
 Being responsive to survivor questions about the risks and benefits of testifying,
and the risks and benefits of not testifying.
 Coordinating victim contact with psychologists, psychiatrists, and forensic
professionals so that victims do not have to repeat necessary forensic exams
and other procedures.
 Assisting victims in obtaining civil protection orders and other protective
measures which are available to survivors, such as no contact orders and
courtroom safety measures.
 Giving victims information on how to enforce court orders and what to do if an
order is violated.
 Offering information on the effect and consequences of the court‘s judgment and
the appeals process.
 Informing the survivor when the perpetrator is released from jail or discharged
from a perpetrator programme.
 Assisting victims in obtaining restitution or reparation of damages (payment from
the perpetrator for damages incurred as a result of the crime, such as lost wages
and property damages) and state compensation if available (a programme
offered by some states to provide financial help to victims of crime). They will
enable survivors to rebuild their lives and may prevent them from returning to an
abuser. Strategies include:
o Providing victims with information about compensation and restitution in
writing.
o Making the provision of compensation obligatory so that victim credibility
is not compromised by a request for compensation. (Rosenburg, 2008).
o Prioritize restitution or reparation of damages, and organize the payment
system so that victims receive the money ahead of court costs, fines, and
penalties.
o Monitor scheduled payments for compliance.
o Establish mechanisms to pursue claims independent of victim action.
o Incorporate lost wages, relocation costs, and property damages into
restitution payments.
o Employ collection means such as wage attachments, whereby a fixed
amount is sent from the perpetrator‘s payroll to the survivor, and property
seizure, where assets of the perpetrator may be sold to produce
resources for the victim, when necessary.
 Providing assistance for victims in applying for compensation from state
government programmes.
 Assisting victims in completing victim impact statements.
 Providing victims with referrals to a full range of social support services, such as
crisis counseling, emergency housing, safety planning, and legal assistance. A
victim who is safe will be a more effective witness.
 Maintaining confidentiality of victim‘s contact information. Contact information
should be kept separate from court files to avoid inadvertent disclosure to
perpetrators.

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 Informing victims about all information, such as police reports, that will be
released to the perpetrator.
 If victim/witness teams do not provide full confidentiality to survivors, providing
survivors with an understandable written policy regarding victim/witness team
confidentiality.
 Informing victims of considerations that were taken to ensure a survivor‘s safety
in the prosecutor‘s assessment and preparation of the case.
 Informing victims of considerations that were taken regarding a survivor‘s wish
not to testify, including considerations of her cultural and religious beliefs, before
requiring a survivor to testify via subpoena.
 Informing victims of possible use of a subpoena, or an order to appear in court,
with the survivor. Subpoenas can alleviate the pressure on a victim from the
abuser to drop charges. If a victim appears in court, her out-of-court statements
will likely be admissible as evidence, and she will gain more information about
her case. Subpoenas also provide the survivor with documentation of the
necessity to leave work.
 Informing victims of consequences of disobeying a subpoena. Prosecutors
should understand that a victim of violence may have important reasons for
failure to appear. Prosecutors should use their best judgment and discretion in
each case to consider whether a citation for contempt, the crime of deliberately
failing to obey or respect the authority of the court, is an appropriate response
(National District Attorney‘s Association, 2004).
Kenya – Men Support Survivors of Violence
Men for Gender Equality Now, a civil society organization in Kenya, provides support for
survivors of violence in court proceedings by attending court in red T-shirts with anti-
violence messages on them. The group also helps survivors to access medical and
legal services.
Source: Men for Gender Equality Now and The African Women‘s Development and
Communication Network. 2010. Defying the Odds : Lessons learnt from Men for Gender
Equality Now.
Peru – Community Defenders Programme wins Award
The Legal Defense Institute created a community response to domestic violence called
―Community Defenders‖ which operates through community legal defense offices.
Besides offering psychological support to the victims, the defenders accompany the
victims to legal proceedings of the cases brought against aggressors. The project
proved to be an innovative, low cost way to mobilize the community. Its impact was
increased by the strong alliances project implementers formed with the justice sector.

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Source: ECLAC. 2009. No more! The right of women to live a life free of violence in
Latin America and the Caribbean
Tools for Victim Advocacy:
 Service Charter for Victims of Crime in South Africa (Department of Justice

and Constitutional Development). Rights of victims of crime, complaint
information. English.
 Uniform Protocol for the Management of Victims, Survivors, and Witnesses

of Domestic Violence and Sexual Offences (National Prosecuting Authority of
South Africa). A resource for service providers, traditional leaders, and others.
Comprehensive set of minimum standards in service delivery, monitoring of
services, and governance of service delivery. Available in English.
 Victim Advocacy Training and Technical Assistance (US Department of

Justice, Office of Victims of Crime). English.
 Regional Victim/Witness Protection Protocol to Combat Trafficking,

Commercial Exploitation and Sexual Abuse of Women and Children in
South Asia (Regional Action Forum on Improving the Interpretation of Laws
Protecting Women and Children). English.
 International Framework for Action to Implement the Trafficking in Persons

Protocol (United Nations Office on Drugs and Crime, 2009). See page 26 for
victim protection protocol. English.
 Code for Crown Prosecutors (United Kingdom Crown Prosecution Service).

General principles for Crown Prosecutors on decisions to prosecute. Available in
English, Welsh, Arabic, Bengali, French, Gujurati, Polish, Punjabi, Somali, Tamil,
Traditional Chinese, Urdu, and an English Easy Read Version.
 Core Quality Standards (United Kingdom Crown Prosecution Service).

Standards for service quality for prosecutors and staff. Available in Arabic,
Bengali, Chinese, French, Gujarati, Polish, Punjabi, Somali, Tamil, Urdu, and
Welsh.
 The Home Office of the government of the United Kingdom provides victims of
sexual offenses with an informative webpage, including a virtual walkthrough that
describes court processes and a video on testifying in court for witnesses. A
brochure on victim impact statements is available in English. Information on how
victim impact statements may be used is available in English and Spanish. A
brochure on victim impact statements for children is available in English.

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 Annex F, Crown Prosecution Services, Delivery by CPS (United Kingdom

Crown Prosecution Services). Victim service standards for prosecutors. Available
in English.
 The Crown Prosecution Services Prosecutors’ Pledge (United Kingdom
Crown Prosecution Services). Pledge to victims or family members of victims.
 Le Guide des Droits des Victimes (Republique Française, Ministère de la

Justice). A handbook for women victims of violence and their advocates. French.
 Victims of Crime Protocol: What victims of crime can expect from the
criminal justice system (Victim Services Branch, Alberta, Canada, 2007)
Created by the collaborative effort of victims, police, prosecutors, medical
examiners, and court service providers. English.
 Information on Domestic Violence (Alaska, USA Department of Law, Criminal

Division, 2010). English.
 Information on Safety Planning (Alaska, USA Department of Law, Criminal

 Information on Sexual Assault (Alaska, USA Department of Law, Criminal

 The Rape, Abuse and Incest National Network, USA, offers a website on
Reporting the Crime to the Police with information on reporting, what to do
immediately after a rape, forensic evidence, and punishing rapists.
 Tips and Guidelines to Prevent and Report Violence Against Women

(Fundación Sobrivientes, Guatemala, 2010). Spanish.
Establish services designed for adolescent girls
Prosecutors should consider the special vulnerabilities and needs of young girls who
are the victims of sexual violence or domestic violence. Girls may suffer from a number
of short- and long-term harmful effects including depression, suicide, eating disorders,
post-traumatic stress disorder, substance abuse, and low self-esteem (Cody, 2009).
Compassionate support, promptly offered and extended long-term as needed, is critical
to avoiding these harmful effects. Prosecutors should prioritize resources for specialized
interventions for teenage and young girls. Strategies for these cases include:
 Providing advocates who are specially trained to act in a child‘s best interest to
assist children and teenage girls who have survived sexual violence. Advocates

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can consolidate appointments and testimonies, and act as a consistent support

person for the survivor.
 Providing safety plans. For a child‘s safety plan, click here. For a safety plan that
considers children‘s needs (p. 12), click here.
 Providing specialized equipment to aid prosecutions, including two-way mirrors,
posters, drawings, and anatomically-correct dolls.
 Providing clear and age-appropriate information in written form for children and
teenage girls on:
o Their rights in the case.
o What to expect in the legal process.
o Available service options.
o Case hearings, decisions, and progress.
 Providing training for forensic examiners and medical practitioners on
specialized techniques for sensitive examinations and evidence-gathering.
 Utilizing vertical prosecution to ensure prosecutor familiarity with case and victim
familiarity with prosecutor
 Providing age-appropriate programmes to familiarize young survivors with court
processes.
 Providing protection to children and youth that is safe but does not involve a
prison setting.
 Developing clear protocols and guidelines on working with children and teenage
girls who are victims of sexual violence, and mechanisms to monitor and enforce
the protocols.
 Providing ongoing training for prosecutor, judiciary, and court staff on best
practices for working with children and teenage girl survivors.
USA – Kids’ Court and Teen Court, King County, Washington
Kids‘ Court is an innovative court awareness programme developed to: Help child
victims of sexual abuse and other forms of victimization and trauma and their families
participate effectively in the criminal justice process, and help these children and
families better cope with the experience of going to court.
The Mission Statement states that:
Children who have experienced sexual victimization or have suffered from other
forms of crime or traumatic events may suddenly and involuntarily become
involved in the criminal justice system. Many things about this system are
complicated and can evoke feelings of anxiety. The Kids’ Court philosophy is that
no child should encounter having to testify in court without assistance in making
that experience less intimidating. Kids’ Court educates and supports children and
their parents and caretakers as they participate in the criminal justice process.
The Kid‘s Court programme, for ages 4-12, is offered several times a year in urban and
rural locations. A judge and a prosecutor lead discussions, role-plays, games, and

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question-and-answer sessions to increase children‘s familiarity with courtroom

procedures and personnel. The last part of the programme aims to increase the child‘s
comfort level and self-confidence. The importance of telling the truth is emphasized.
Children learn:
 Why a witness is important and how to be confident in that role

 How kids can participate successfully in a the legal system through enhancing
knowledge of courtroom procedures
 How to reduce feelings of fear and anxiety though relaxation techniques that are fun,
easy and helpful
 Practical methods to manage courtroom worries such as, ―What if I start to cry?‖ or
―What if I don‘t understand a question?‖
To support and reinforce these sessions when Kids‘ Court is over, each participant
receives a book entitled, Do You know You Are Very Brave? A Child‘s Guide To
Testifying in Court and a relaxation tape. While the children are attending the
programme, their parents attend a programme for adults which teaches them:
 How to support their child during their involvement with the justice system
 Stress management techniques to help reduce anxiety and other negative emotions
 To share common concerns about being involved with their child in the legal process
 Greater insight into the criminal justice system
 Our community cares and will respond with sensitivity to the needs of victims and
families
Parents also receive a Parent Informational Packet and a relaxation tape.
Kids‘ Court has received many awards and recognitions. The U.S. Department of
Justice, Office for Victims of Crime recognizes Kids‘ Court as a ―best practices‖ model
programme that is exemplary in innovation, development of partnerships, outreach
methods and multidisciplinary approaches that address the needs of children.
For the training manual and sample materials, see:: Kids' Court Training Manual;
Kids' Court Sample Materials
Teen Court, modeled after Kids’ Court, is a special programme designed to help
teenage victims of sexual abuse and other crimes and their families to participate
positively in the criminal justice system and to develop their self-confidence and comfort
with the court process. Also held several times each year in an urban and a rural
location, it involves teens in interactive programming.
As with the younger children, a parent session is offered to answer questions about the
trial process and the court system.

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A manual and curriculum is available to prosecutors, victim advocates, and judges. The
book is marketed on a not-for-profit basis to enable other jurisdictions to begin similar
programmes.
Contact: Donna Belin, MEd, Executive Director

King County Kids‘ and Teen Court
Office of the Prosecuting Attorney
Special Assault Unit
704 228th Avenue Northeast, PMB 323
Sammamish, WA 98074-7222
An Interview with the Executive Director of Teen Court
The primary objectives of Teen Court, an innovative educational court awareness

programme, are to assist victim/witnesses of sexual abuse, and other types of
victimization and trauma, accomplish the following: obtain information about courtroom
procedures and personnel; learn relaxation techniques that reduce anxiety and fear;
help participants become more confident in their role as witnesses; learn that telling the
truth is the most important rule of the court; and realize that adults care about them.
Teen Court is a collaborative effort on the part of the prosecutor’s office, advocacy
personnel, and community volunteers from varied disciplines such as criminal justice,
education, counseling and psychology, and social services. The message we send is
that although contributing staff may experience territorial or other issues in relation to
their work environment, within the context of Teen Court, we are all in this together for a
common goal.
King County Teen Court is a volunteer services programme and its success depends on
the energy, commitment, and expertise of its volunteers—both generalists and
specialists. It is the director’s challenge to tap into the community resources, harness
the talent of an interdisciplinary staff, and provide the vision, administrative leadership,
recognition/appreciation, and motivation that sustains a high level of competence,
confidence, and spirit. Individuals who are selected to staff Teen Court have extensive
experience in the criminal justice and/or educational fields, relate exceptionally well with
young people, and contribute a sense of safety and respect while making a positive
contribution to the self-esteem of each teen participant.
Teen Court takes place several times a year. Males and females have their own
sessions. All teens with approaching trial dates are issued an invitation to the next
Teen Court. The director follows up with a personal call to each teen and
parent/guardian to describe the programme and confirm attendance. This follow-up
contact is critical to motivating a teen’s participation in Teen Court.
Teen Court is strictly an educational programme. No one discusses their individual case
during the session. Our programme begins with the facilitator’s note of appreciation to

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our teens for attending the session, an introductory component when the girls introduce
themselves and share a personal comment (e.g. their favorite television show), and a
brief review of the contents of the Teen Packet—which includes an outline of their
rights. This section is followed by a panel discussion facilitated by survivors who have
experienced the trial process. The panelists discuss their perceptions, share helpful
hints, and discuss areas of concern. They emphasize that the important thing is not
whether the defendant is found guilty or not guilty, but the fact that the victim tells their
story and speaks the truth in court.
Following the panel discussion, the prosecutor takes the group into a courtroom where
he or she explains clearly and understandably the courtroom procedures and personnel.
The girls learn specifics (e.g. which door the defendant will enter; who is allowed to
observe the trial proceedings) and have an opportunity to sit in the witness chair and
practice projecting their voices. Participants use their time with the prosecutor to ask all
kinds of questions and express their deepest concerns. During the next programme
component, while the parent/guardians have their chance to meet with the prosecutor,
our relaxation specialist teaches the teens a number of relaxation techniques and
exercises to enhance self-esteem and confidence.
Teen Court is a successful court awareness programme. Its objectives underscore our
belief that when a young person learns about the judicial process and gains some
familiarity with a courtroom, he or she is less likely to be frightened and more likely to
participate fully in the process. Hence, justice can be served and the rights of all
involved protected.
Source: Email interview with Donna Belin, March 22, 2011.
Tools For Creating a Teen Court Programme:

 For a youth invitation to Teen Court by the King County Teen Court in
Washington, USA. Available in English.
 For a parent invitation to Teen Court by the King County Teen Court in
Washington, USA. Available in English.
 For a Teen Court agenda by the King County Teen Court in Washington, USA.
Prosecutors should work with other professionals to provide comprehensive services for
victims of sex trafficking or sexual abuse by:
 Providing essential services to children or teenage girls who have been

internationally trafficked, such as:
o Food, clothing, and safe shelter;
o Assistance in obtaining legal documentation or family tracing;
o An assessment of support for the survivor in her home country;
o Translation services;
o Referrals to long-term housing options and educational services if return
to home country is not viable; and

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o Medical services including testing and treatment for sexually-transmitted

infections, medical, optical, and dental check-ups, substance abuse
evaluation and treatment, and psychological support services.
Protecting Child Victims
The ―Coalition for child-friendly interviewing‖ of Fundacja Dzieci Niczyje, Poland

This organization protects the rights of child victims who participate in legal procedures
through promoting and implementing the idea of friendly interviewing of child witnesses,
creating child-friendly interview rooms, and improving the capacity of professionals who
participate in legal interventions, interview children, and provide help for child victims.
Source: Fundacja Dzieci Niczyje, last acc. 3-11.
The Barnahús or Children‘s House, Iceland, provides child-friendly interviewing facilities

through the use of toys, colourful walls, and pictures, with the aim of not subjecting
victims of sexual abuse to multiple interviews. The interview can be monitored by
judges, social workers, police, lawyers, and others. Barnahús also provides medical and
educational assessments, treatment, and counseling. The centre acts as a forum for
cooperation of relevant agencies and works to improve the expertise of those who work
with abused children.
Source: Barnahús, last acc. 3-11.
Tools for protecting children:

 Guidelines for the Alternative Care of Children (United Nations Gen. Rec.
64/142, 2010). English, Spanish, French, Russian.
 Caring for trafficked persons: Guidance for health providers. (International

Organization for Minors, London School for Hygiene and Tropical Medicine, and
United Nations Global Initiative to Fight Trafficking in Persons, 2009). Contains a
section on children and youth (p. 71). Available in English.
 For a video on how child victims of sexual exploitation are coping, click here.
(Barnardo‘s, ‗Turning lives around themes‘).
 To order an interactive CD-ROM that prepares children and youth up to age 12

on being a witness in court in the United Kingdom, click here. (Barnardo‘s).
 Guidelines on the Protection of Child Victims of Trafficking (UNICEF, 2006).

 Multi-Agency Practice Guidelines: Female Genital Mutilation (HM

Government, United Kingdom, 2011). Available in English.

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 Busi Goes to Court (The Directorates: Publications, Community Services and

Children‘s Issues, Department of Justice,South Africa). A colouring book which
informs child victims about special measures to make testifying in court less
stressful, such as testimony via closed-circuit TV. Available in English.
 Kids Go to Court (District Attorney‘s Office, Alaska, USA). A colouring book for
child victims. English.
 Child Sexual Abuse: Intervention and Treatment Issues (Faller,1993).

 CPS Policy on Prosecuting Criminal Cases Involving Children and Young

People as Victims and Witnesses (Crown Policy Service Directorate,
2006).Available in English and Welsh.
Tools for working with young survivors:
 Protocolo de Atencion Legal a Victimas de Delitos Sexuales y Violencia

Domestica Cometidos por Personas Menores de Edad (Sandoval et. al.,
2008, Costa Rica). A protocol for legal attention to young victims of sexual crimes
and domestic violence. Spanish.
 Guidelines on Justice in Matters involving Child Victims and Witnesses of

Crime (United Nations Economic and Social Council, Resolution 2005/20, 2005).
English.
 ―A Full and Candid Account:” Using Special Accommodations and

Testimonial Aids to Facilitate the Testimony of Children (Cunningham and
Hurley, 2007, Canada). Available in English and French. Handbooks for
prosecutors, judges, and others to help child witnesses provide accurate and
complete evidence in court. Topics include: Overview of Issues, English and
French; Testimony Outside the Courtroom, English and French; Witness
Screens, English and French; Video-Recorded Evidence, English and French;
Designated Support Person, English and French; Hearsay Evidence and
Children, English and French; and Children and Teenagers Testifying in
Domestic Violence Cases, English and French.
 Testifying in Court: Choices for Youth in British Columbia (Justice Education

Society, British Columbia, Canada). English. Includes a video on what to expect
in the court process and other resources and links.
 Good Practice Guide for a Judicial Approach to Children/Adolescent

Victims/Witnesses of Violence, Sexual Abuse and other Crimes - Protection
of their Rights and Securing Valid Evidence for the Process (Asociación por
los Derechos Civiles, UNICEF,2010). Available in Spanish.

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Provide Training and Capacity Development

Justice sector capacity should be broadly expanded to:
 Disseminate knowledge on laws on violence against women to the public, legal

professionals, paraprofessionals, judges at all levels, and all court personnel.
 Improve court infrastructure with new or improved means for women and girl
survivors of violence to access justice.
 Create country-wide databases on prevalence and incidence of violence against
women and on perpetrators of violence.
 Educate judges, prosecutors, and court administrators on all issues relevant to
 Institutionalizing protocols
Laws on violence against women have evolved considerably in the last decade and
legal professionals and the public should become aware of new laws and best practices
in their country and around the world.
Resources should be dedicated to maintaining adequate facilities and equipment for all
segments of the justice sector. The advances in computer technology can enhance the
implementation of laws on violence against women. Reviews of country law, policy, and
practice and the latest techniques in case management may be easily accessible online
and if not, can be made available by web seminar to enhance the justice sector‘s
knowledge base and capacity. Regular, ongoing training programmes for current and
new justice system staff members is necessary to implement laws on violence against
women.
Develop or Modify Court Infrastructure
Dedicated courts, or courts that only handle cases of violence against women, have
improved general efficiency in prosecution of such cases and have improved the
experience of survivors and their families. These courts shorten delays, improve
coordination with other justice system actors such as prosecutors and probation
officers, and allow judges to become knowledgeable in issues pertinent to violence
against women. Dedicated courts are most efficient in urban or centrally located
regional areas where there are many cases of violence against women. Some
dedicated courts handle only cases of domestic violence, such as the United Kingdom‘s
Specialist Domestic Violence Court Programme. (For a video on the UK programme,
click here.) Others courts, such as those in Spain, hear both criminal and civil cases.
South Africa has courts which hear only cases of sexual violence.
South Africa – Sexual Offences Courts

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In 1993, South Africa created Sexual Offences Courts to implement an improved

response to women and child survivors of sexual assault (Sadan, 2001). The Courts are
staffed by police, investigators, prosecutors, social workers, and health care
professionals who have been trained in issues of sexual violence. The staff collaborates
through all phases of the criminal process to support the victim and to effectively
investigate and prosecute the case. Since their creation, conviction rates have risen and
the duration of the case, from reporting to conviction, has dropped from 3-5 years to
less than 6 months, according to a representative from the National Prosecuting
Authority.
See the full assessment in English.
Source: UNICEF. 2010. South Africa: Thuthuzela Care Centres last. acc. April 2010.
Specialized courts can:
 Expedite cases of violence against women, thus increasing victim safety.
 Increase expertise by providing opportunities to train the judiciary and court

clerks on relevant laws on violence against women and women‘s human rights.
 Increase expertise by providing opportunities to train the judiciary, court clerks,

and court officials on gender-based violence issues and sensitivity to survivors
including marginalized survivors such as Roma populations.
 Reduce the re-traumatization of survivors who must testify repeatedly in different

courts.
 Provide a comprehensive strategy for victim services, including specially-trained

prosecutors, police, social workers, health professionals, judges, and all court
personnel, including court clerks and administrators.
 Provide continuity of personnel.
 Potentially increase adjudications, convictions, and justice for victims of violence.
 Eliminate contradictory orders, such as child custody orders stemming from civil
domestic violence cases and criminal domestic violence cases.
Challenges to specialized courts include:
 Lack of access for rural victims.
 Lack of resources to support specialized court.

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 Lack of comprehensive services available to survivors at court site.
 Lack of comprehensive inter-agency service plan for survivor support.
Specialized domestic violence courts in the US were found to provide a number of

benefits: more efficient management of cases, more efficient integration of case
information, improved victim access to courts, specially-trained intake and court staff,
expedited hearings, coordination of victim assistance and offender compliance with
specialized prosecution units, improved safety procedures in courtrooms, and more
domestic violence training for judges. Judges of specialized domestic violence courts
were also more likely to impose stricter sanctions against convicted offenders (Klein,
2009).
An interview with James McCarthy, Judge, Oswego County, New York State, USA
Judge James McCarthy, the first of the New York State dedicated Sex Offense Court
judges, has been the presiding judge in the Sex Offense Court since its inception in
Oswego County. He shared his thoughts on the model sex offense court and his
experience in the first court in New York State. The initial planning and implementation
of the Oswego Sex Offense Court saw both challenges and benefits. Below, Judge
McCarthy discusses this planning process with the Center for Court Innovation:
Q: What were the specific challenges the Oswego Sex Offense Court faced?
There was resistance because of lack of knowledge. Some have the mistaken concept
that the designated sex offense courts somehow de-criminalize sex offenses, when in
fact the model is about properly sentencing convicted sex offenders. Defendants that
deserve to go to prison go to prison. There are no "breaks" because someone is in the
sex offense court.
Q: How have partners contributed and responded to the Oswego Sex Offense
Court?
Through the court planning process, it was clear how important it is to get partners
involved. The feedback from the probation officers is that in the old days, probation
violations could take months to get a disposition. In the sex offense court, if they file a
violation on a Monday, there could be a hearing as early as that week. These violations
are handled in front of the other defendants and they see what happens when someone
violates. The effect is 1000% better. When someone does something they shouldn't, I
know about it immediately. Their rights are preserved, the victims are safe, and the
court is able to address things appropriately and immediately.
Q: Can you describe some of the benefits of the Oswego Sex Offense Court?
All of these cases are heard by one judge who is trained to deal with the cases and is
informed about the dynamics of sex offenders. In addition, the prosecutor, victim
advocate, legal service attorneys and court staff are all trained as well, so the partners
are mobilized in an efficient manner that allows prosecutors, defense attorneys and

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defendants to appear within 2 weeks for a pre-trial conference. This case processing is
a formula that allows for speedy dispositions where the attorneys are informed, the case
cannot lag and no one is falling through the cracks. It used to be that delay could be
used as a weapon in sex offense cases, but with this court, the defendants, the victims,
and the community are all being better served.
It is rare that sex offenders will be incarcerated forever. If sex offenders have families,
they may have to live with those families, in their neighborhoods. In order to be
productive and comply with conditions of probation, sex offenders must have jobs, make
a living and stay away from things that could trigger the offending behavior. All of these
things require supervision, constant monitoring and a criminal justice system that can
quickly respond to even the most subtle signs.
When sex offenders know that they are being watched and the community knows that
the court and probation are keeping a watchful eye on defendants, then it is rare that
they will ever get away with something. Hopefully under these circumstances, the sex
offender can live somewhere and work somewhere, without being demonized, while still
being closely supervised.
Q: What do you see as the future of the sex offense problem solving courts?
I think you will find a sex offender court in every county in New York and every state in
this country. Sex offender courts are going to expand because the public wants to see
compliance and monitoring by the criminal justice system of sex offenders that are in
the community. Once the public realizes what can be done via these courts, I think the
model will be established everywhere. All the partners are already there, it just needs to
be organized, the partners need to be trained and the expertise needs to be applied.
Reprinted with permission of the Center for Court Innovation, www.courtinnovation.org.
For an example of a national sex offender registry, see the Dru Sjodin National Sex
Offender Public Website, US Department of Justice.
Tools for Specialized Domestic Violence Courts:
 Specialist Domestic Violence Court Programme Resource Manual

(United Kingdom Home Office et al., 2006). Recommendations and best
practices for victim safety in developing dedicated courts as part of a
coordinated community response. English.
 Creating a Domestic Violence Court: Guidelines and Best Practices

(Sack, 2002, USA). Provides guidelines to determine if a domestic violence
specialist court is appropriate. Also includes recommended components,
court models, and implementation action plans. English.

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 Requisites Specific to Dedicated Domestic Violence Courts and Dockets

(Battered Women‘s Justice Project and Consultants, 2003, USA). English.
 Pretrial Innovations for Domestic Violence Offenders and Victims: Lessons

Justice Programs, 2007). Specific guidance for restructuring courts to
promote victim safety and offender accountability in domestic violence cases.
English.
 Specialized Criminal Domestic Violence Courts (Helling) Includes different

models for providing a specialized court response to domestic violence.
Tools for Establishing a Sexual Offences Court

(Reprinted with permission of the Center for Court Innovation New York, USA)
 Establishing a Model Court: A Case Study of the Oswego Sex Offense
Court (Grant): An in-depth look at the establishment of the first designated sex
offense court in New York State. In partnership with the New York State Office of
Court Administration, the Center for Court Innovation helped design the
specialized sex offense court model to enhance the oversight of offenders and
the provision of services to victims.
o Fact Sheet—Evaluating Your Program
o Fact Sheet—Mapping Community Resources
o Fact Sheet—Planning Checklist:
o Fact Sheet—Finding the Resources to Help Your Program Thrive
o Fact Sheet—Publicizing Your Program and Its Successes
o Fact Sheet—Using Data to Build Your Program
Collect Data
Reliable and regular data collection is a prerequisite for the prevention of gender-based
violence, and for policy development and advancement. Statistics provide background
knowledge for justice sector priorities and decisions and for the informed direction of
state resources. The justice sector should have access to recent statistics on
prevalence and incidence of cases of violence against women. Strategies to support
and increase data collection include:
 Support standardized and regular collection of data on all forms of

violence against women and girls. For accurate prevalence data, use
population-based surveys, such as the WHO Multi-Country Study on
Domestic Violence (World Health Organization, 2006); International
Violence Against Women Surveys (Violence Against Women: An
International Perspective (IVAWS), Johnson et al., 2008) or the
Demographic and Health Survey Domestic Violence Module (MEASURE
DHS). For a link to the IVAWS survey instrument (Appendix IV) click here.
Many states use official statistics and individual accounts to support

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conclusions on levels of crime victimization. For example, Canada collects

data on police reports and investigations and regularly surveys individuals
on their experience with violent incidents, whether or not they have
reported a crime. (Sauvé and Hung, 2009).
 Obtain support from an academic or expert partner to conduct a
population-based survey.
 Support the creation of state-run informational databases on incidences of
violence for judicial and prosecutorial access. Databases should be
disaggregated by gender, age, relationship, ethnic origin, type of violence,
and location of violence.
 Develop unified and standardized methods for data collection, ensuring the
validity and reliability of the information.
 Ensure that databases are available for country-wide use.
 Create perpetrator databases with information about prior convictions,

previous orders for protection and violations of orders for protection,
outstanding warrants, parole and bail conditions, sex offender data, no-
contact orders and violations of no-contact orders, and any other court orders
from other court systems, such as the family court. In order to protect women
and girls, judges and prosecutors need access to as much information about
the prior record of the perpetrator as possible.
 Confidential information about survivors of violence, especially names and

addresses, should be omitted from any publicly accessible databases, to
support victim safety.
Tools for Data Collection
 Surveying Justice: A Practical Guide to Household Surveys (Himelein et

al., 2010). English
 Challenges in Measuring Violence Against Women (Garcia-Moreno and

Jansen, 2009). PowerPoint which discusses essential principles and challenges
of measuring violence against women and offers tools and resources to
practitioners. English.
 WHO Ethical and Safety Recommendations for Researching,

Documenting and Monitoring Sexual Violence in Emergencies (World
Health Organization, 2007). English and French.
 WHO Ethical and Safety Recommendations for Interviewing Trafficked

Women (World Health Organization, 2003). Available in

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Armenian, Bosnian, Croatian, English, Japanese,Romanian, Russian, Spanish

and Serbian.
 Putting Women First: Ethical and Safety Recommendations for Research

on Violence Against Women (World Health Organization, 2001). English,
French and Spanish.
 Measuring Intimate Partner Violence Victimization and Perpetration: A

Compendium of Assessment Tools (Thompson et al., 2006). English.
 Violence Against Women and Girls: A Compendium of Monitoring and

Evaluation Indicators (Bloom, 2008). English.
 Demographic and Health Surveys, Measure DHS, DHS Domestic Violence

Module (Demographic and Health Surveys, Measure DHS). English.
 DHS FGC Module (Demographic and Health Surveys, Measure DHS). English.
 Researching Violence Against Women: A Practical Guide for

Researchers and Activists (Ellsberg and Heise, 2005). English and Spanish.
 The Domestic Abuse Information Network Database (Domestic Abuse

Intervention Programs, USA) is a Microsoft Access database programme
designed for use by domestic abuse agencies. It assembles the information
necessary to track and monitor domestic assault related cases in a coordinated
community response to domestic violence. The database can evaluate
demographic data, number and types of arrests, case processing time, case
dispositions, and re-offenses, as well as analyze police, court, and offender
programme records and more. Reports show trends in the system and can help
to determine policy or procedural changes that might need to be made.
Screens include offender and victim demographic information, law enforcement
events with corresponding details on risk factors, criminal court hearings and
probation actions, civil court hearings and protection orders, and participation in
offenders' programmes. To order via mail, click here. To order online, click
here.
Provide Training on Human Rights and Gender

Training for public officials in general should include:
 Regular and institutionalized gender sensitivity training and capacity

development on violence against women;
 Specific training and capacity development when new legislation is enacted; and

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 Development and consultation with NGOs and service providers in the process of
training development. Source: (United Nations Department of Economic and
Social Affairs, Division of the Advancement of Women, 2010).
CEDAW Committee Supports Training on Violence against Women
In Vertido v. The Philippines, the first case on rape decided under the Optional
Protocol, the CEDAW Committee found that the Philippines violated the plaintiff‘s
rights under CEDAW and recommended that the Philippines pay appropriate
compensation. The Committee recommended that several measures be
implemented to improve the judiciary‘s handling of rape cases and its discriminatory
attitudes towards women, including requiring regular training on CEDAW, especially
General Recommendation 19, and training for judges, among others, on the
dynamics of criminal sexual assault so that they can make objective decisions and
avoid re-victimizing survivors.
Source: CEDAW Committee. 2010. CEDAW/C/46/D/18/2008.
Tools:
 Training Programme on Combating Violence Against Women (Women

Against Violence Europe, 2000). Contains specific modules for law
enforcement, judicial professionals, medical professionals, and psychosocial
professionals. Available in English.
 National Initiatives and Training Innovations to Address Gender Justice

and Gender-Based Violence (Avon Global Center 2010 Women and Justice
Conference). See the Video.
Planning for judicial training
Training judges requires careful planning in order to create programmes that are useful
and interesting to judges.
Creating the infrastructure for training
 Determine the existing knowledge base through written questions or discussions

with each level of judiciary.
 Create regular trainings on existing law and policy requirements.
 Establish and publicize trainings when new legislation is enacted and new
policies are promulgated.
 Require participation in the training course for continued judicial license, if
applicable.

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 Plan separate training sessions for each level of the judiciary. In some very
hierarchical contexts this is especially important, since judges may not participate
in joint sessions with lower-level judicial staff.
 Place an introductory level version of the training in the judicial academy.
 Use a ―train the trainers‖ approach to maximize results- core trainers can train
more trainers or more judges.
 Use internet technology such as websites for sharing information and answering
questions.
 Identify cases of gender-based violence as ―specialized‖ cases for which judges
must undergo training before being qualified to hear. Qualification, with attendant
raise in pay, may result in more judges receiving training on these issues and
less reluctance on the part of judges to receive training.
 Require training on gender-based violence issues for all court clerks and
administrative personnel.
Tool:
 Terms of Reference: Consultant to develop a baseline (UN Women Southern

Africa and Indian Ocean Islands Sub Regional Office, 2010). English. A UN
Women programme sought a consultant to create a baseline of information on
capacity needs, training modules, monitoring, and evaluation and
recommendations in building capacity for judges and other legal professionals.
Develop objectives
Objectives articulate what participants will gain from the training. The content of the
objectives will be elaborated in the curriculum. Publicize concise, current, and
contextual objectives in your course registration and publicity materials so that judges
can identify what they need to know or improve upon and will attend your training to
gain this knowledge.
USA – Sample Training Objectives for Judges
Sample objectives for a judicial training on Practical Courtroom Exercises for domestic
violence cases:
As a result of this training, you will be better able to:

 Assess your current knowledge about the dynamics of domestic violence and how to
handle domestic violence cases.
 Practice ruling on realistic, hypothetical domestic violence cases.
 Identify factual, legal, procedural, and resource issues that arise frequently in
domestic violence cases.

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 Determine how domestic violence negatively affects the victim, perpetrator, and the
children.
Sample objectives for a judicial training on Victim and Perpetrator Behavior in domestic
violence cases:

 Describe the context of violent behavior and patterns of behavior conduct.
 Select effective batterer intervention and accountability mechanisms.
 Evaluate the impact of domestic violence on adult victims and children who are
exposed to violence.
 Assess decision-making and courtroom presentation of victims and perpetrators.
Sample objectives for a judicial training on Receiving and Evaluating Information in

domestic violence cases:

 Evaluate the facts before you rule.
 Assess the dangerousness of specific batterers.
 Apply an understanding of domestic violence to judicial fact-finding.
 Identify and resolve evidentiary issues of primary concern to judges.
Sample objectives for a judicial training on Decision-Making Skills in domestic violence

cases:
As a result of this training you will be better able to:

 Identify common decision-making points in civil and criminal cases where an
understanding of domestic violence might affect how you make decisions and what
you decide.
 Draft and issue effective protection orders that (a) stop violence, (b) protect adult
victims and children, (c) require appropriate batterer treatment, and (d) facilitate
enforcement in criminal and civil domestic violence cases.
 Assess the impact of domestic violence on cases involving custody and visitation
issues.
 Evaluate batterer intervention programs and information regarding appropriate
treatment/intervention options.
 Identify the potential benefits of conducting review hearings in conjunction with
probation services to monitor batterer conduct in domestic violence cases.
Source: Jennifer White, Attorney for Legal Programs, Family Violence Prevention
Program, USA.
Develop the curriculum

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Once you have developed objectives, plan how to elaborate and illustrate them, using
case studies, power points, role plays, lectures, and group discussions. Each segment
of the curriculum should conclude with a concise reiteration of learning points.
Strategies to develop the curriculum include:
 Involve members of relevant ministries such as women and family, interior, or

security in the course planning.
 Obtain input from NGOs and service providers on course development. This will
provide input from those who understand the issues relating to serving survivors
of violence, and it will enhance trust between the judiciary and these groups.
 Obtain input from survivors in all training programmes, as they can best speak to
survivor needs.
 Work to obtain adequate funding to create quality materials and hire experienced
trainers and consultants.
 Field test training sessions on judicial representatives and incorporate their

feedback.
 Obtain the approval of the highest level of the judiciary on the curriculum and
publicize this approval to potential trainees.
 Regularly attend international or regional conferences on judicial training in order

to learn best practices and new ideas to incorporate into the curriculum.
 Hold regular curriculum review sessions to ensure that content is still relevant
and meeting objectives.
Creating a judicial educational programme plan:

1. Convene a meeting of key stakeholders. Include several judges, attorneys who
practice in the area of violence against women, law enforcement personnel,
mental health professionals, and experts on the topic to be addressed, for
example, experts on the right to visitation in domestic abuse cases.
2. Brainstorm with these stakeholders and create a needs assessment on what
judges need to know in the specific subject area. Cover all of the factors that a
judge needs to know about the subject. This brainstorm can be done by
telephone, e-mail, or in person. It is important to record all thoughts as this is
extremely helpful in creating a programme.
3. Prioritize a list of topics created from the brainstorm. Some will be able to be
subsumed under others.
4. Create achievable learning objectives. This will provide direction for the
curriculum which is to be developed. For a sample summary of learning
objectives, click here.

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5. Create learning outcomes, or 5-8 key ideas which you want judges to know after
an exercise. For example, you may want them to be able to identify the ways a
batterer can continue to abuse an ex-spouse through the supervised visitation
process by showing up when the ex-spouse is scheduled to be at the site. The
key idea is that batterers can use the court-supervised visitation to stalk victims.
6. Create a learning module which is a bridge from the learning objective to the
learning outcome. This is the structure of the curriculum.
7. Plan the curriculum around the functions of a judge: to do fact-finding and make
decisions. Base your exercises on these functions. For example, after a lecture
on the dynamics of violence against women, plan an exercise on fact-finding and
an exercise on issuing a decision in a case of gender-based violence.
8. Make the exercise concrete and relevant to their experience i.e., level of
judiciary. Abstract lectures alone will not suffice. Work from real-life cases.
Present these to judges, ask them how they would rule, and then give them a
mini-lecture to drive home the point.
9. Principles of adult learning emphasize that adults must internalize the information
and make it their own in order to retain it. Therefore, structure interactive
exercises as follows:
a. Present the information.
b. Give the judges an opportunity to work out the problem as a group.
c. Give them some confirming points to think about, including suggestions for
best practices.
d. Do not tell them what to do; give them a chance to work the issue out with
each other first. Often the points you want to make will be made for you by
their peers in the room, which is very powerful.
10. Use a variety of types of exercises such as role plays, lectures, Q & A sessions,
and small or large group case exercises.
11. Always employ a judge to deliver any ―live‖ presentations, including exercises
and lectures. Judges learn best from their peers. For example, even if an expert
on child development is speaking, it is important to have a judge make the
introductory and concluding points that support the words of the speaker. Team
teaching is an important part of judicial training.
12. Begin the session with an exercise that combines intellect with empathy: for
example, ask the judges to assume the role of a battered woman. Give them a
series of incidents that occur in her life that they must react to as if they were that
woman. Require them to make the decisions in silence, and to indicate their
decisions by walking around the room to various stations: apartment, shelter,
homeless shelter, school, etc., in response to succeeding circumstances
announced by the trainer. The point of the exercise is to give the judges a
chance to think about the real experiences of victims so that they will make better
decisions about her safety. Another exercise would show the experiences a
victim might have when entering court, depending on how court clerks treat them,
what happens when the abuser enters the courtroom, the importance of judicial
demeanor, etc. The point of the exercise is to lessen the chance that a victim will
be re-victimized by a judge.

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13. Always debrief the judges after a session of role-play. Allow them a chance to
talk about their feelings and the challenges these situations present in real life. It
is very important to ask them: How does this apply to your role as a judge?
Judges may say that they never before realized what victims endure.
14. At the end of the training, ask the judges what is the most important thing they
learned at the training and what they will do differently now that they have
learned that.
15. After the training, give the judges a checklist to take away. They generally don‘t
have time to read more. They will use this checklist as a tool, like a bench guide.
Evaluation strategies:
 Use a pre-session questionnaire to evaluate the level of knowledge of the

participants. Use the knowledge you gain from this in programme planning.
 Ask the judges to evaluate each session of the programme in a brief form before
they leave the room.
 Six months after the training, send the judges a brief survey (ideally online). Link the
pre-session evaluation questionnaire, the evaluation done at the end of the session,
and the post-session final survey by an identification number so that you can see
how each individual has progressed.
Source: Jennifer White, Attorney for Legal Programs, Family Violence Prevention
Program, USA (Interview, November 18, 2010).
Other classroom strategies:
 Provide examples that are tailored to the context of each level of the judiciary.
 Provide materials for use outside the classroom in checklist form for ease of use.
 Expect that traditional beliefs may impede progress until trainees are convinced
of the importance of the training mission.
 Provide advanced training after trainees take basic course levels (UNFPA, 2008).
Foundation for content-related strategies
The following strategies establish a foundation for all judicial trainings on violence
against women:
 Convey message that all violence is unacceptable.

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 Educate on message of gender equality. Incorporate social context training into

all judicial training programmes. Judges should be aware of the systemic
inequality faced by women.
 Make connection between a fair and approachable court and improved reporting
rates of violence.
 Make connection between sanctions and a culture of accountability.
 Train on victim psychology and the dynamics of domestic violence. See: Sexual
Assault section and Domestic Violence sections of Knowledge Module on
Legislation.
 Require diversity and sensitivity training to complement training on laws. For

example, see the Jurisprudence of Equality Program by The International
Association of Women Judges.
Example: the National Judicial Institute of Canada has created ongoing sensitivity
training for judges who work on cases involving sexually abused children:
―Education initiatives relevant to the needs of victims within the criminal justice
system form an integral part of the NJI's curriculum. For example, since its inception,
the NJI has strongly emphasized sensitization programs, in such areas as violence
against women and children. This type of sensitivity training was expanded in 1997
when the NJI launched a three-year Social Context Education project. The program
includes judicial education designed to improve the capacity of the judiciary to deal
in an appropriately sensitive manner with issues such as violence against children
that may arise in matters before the courts.‖ See: Educating the Judiciary About the
Needs of Victims.
 Train judges to apply international standards and laws in domestic cases to

further gender justice.
Tips for training judges
Strategies to increase judicial attendance:

 Partner with national judicial councils for logistics, marketing plans, and
expertise.
 Partner with government departments and ministries with expertise in the
subject area.
 Partner with funders of judicial training to obtain funding for judges to attend.
 Publicize programmes through gatekeepers for judicial attendance, such as
court administrators.
 Offer to assist specific judges to obtain funding to attend trainings.

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 Build relationships with key judges and ask them to encourage their peers to
attend trainings.
 Offer judges credit for continuing education for each session. Give them a
certificate after the session that they can show the court administrator.
 If judges object to attending trainings on violence against women because it
might make them appear biased in favor of victims, provide relevant links to
Model Codes on Ethics for their country. For example, the American Bar
Association Model Code on Judicial Conduct supports judicial attendance at
subject-specific conferences.
 Offer trainings of differing lengths: 3-day introductory seminars, shorter
advanced sessions, or one-day roundtables with several experts on emerging
issues in violence against women, such as batterer intervention programmes
or custody issues.
Argentina – Judicial Officials Trained on Gender Equality & Women’s Rights
The Women‘s Office of the Supreme Court of Argentina and the Office on Domestic
Violence have initiated a programme to train gender facilitators within the judicial
system on gender equality and women‘s rights. The facilitators then hold gender justice
workshops for judges, prosecutors, court officials, and administrative employees. The
programme was initiated when women judges noted serious inequalities in previous
judicial decisions. This is the largest and most innovative programme of gender training
in the region to date and is expected to be a model for Latin American countries.
Steps for programme implementation included:

 Effective facilitators were selected based on skills and career record.
 Experts on justice and gender prepared training modules on theory and practice for
facilitator use. Modules included both reading and audiovisual materials.
 Facilitators reviewed tools and women‘s human rights instruments which establish
women‘s right to equality.
 Facilitators participated in exercises on gender-based roles in society.
 Facilitators were trained on sexist language and how to avoid discriminatory terms.
Source: Valente. 2010. Pioneer in Mainstreaming Gender Perspective in Justice

System.
Thailand – Increasing Sensitivity to Violence against Women and Girls
Changing people’s perceptions and attitudes, a project to increase the capacity of the
judiciary in Thailand, was implemented when monitoring Thai Supreme Court decisions
indicated that gender bias may have played a role in cases of gender-based violence.
After a judicial colloquium disseminated the monitoring results, trainings were
conducted by the administrative branch of the judiciary, the National Human Rights

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Commission, and a Thai NGO, the Teeranat Kanjauksorn Foundation. A model

domestic violence court was created in the Thai criminal justice system, including new
―women-friendly‖ guidelines. Changing people’s perceptions and attitudes is an
interactive curriculum which incorporates a theatrical production with an international
human rights framework and trainings on gender-based and domestic violence. The
production stimulates discussion on improving the response to women and girl survivors
of violence. It portrays the journey of four survivors as they seek justice in the Thai
system, including their personal humiliations and their experiences in unfriendly
courtrooms with hostile defense attorneys. The play, ―Little Dots, and I Do Hope,‖ was
enacted by a professional theater group called Bai Mai Wai, or Moving Leaf. The final
act of the play incorporates themes from previous group discussions, detailing concrete
ways to avoid re-victimizing survivors. Other court systems in Thailand are now using
the curriculum to train judges and court staff.
For more information, please contact Ms Supatra Putananusorn at

[email protected].
Training for Criminal and Civil Cases
Judicial training should focus on both criminal and civil cases, and should be mandatory
for judges in a variety of legal settings including those handling family law matters,
immigration, and employment issues. Although violence against women cases are often
criminal in nature, civil law is frequently involved. In certain countries, sexual
harassment cases are almost all civil in nature. Domestic violence and dowry violence
cases also involve significant civil components, including protective orders, divorce, and
custody issues. Trafficking cases often involve separate immigration proceedings.
Judges, prosecutors, and other court personnel in all of these areas need specialized
training.
USA – Judicial Training on Domestic Violence
The National Council of Juvenile and Family Court Judges has been a leader in training
judges in the juvenile and family court setting to effectively respond to family violence
cases. The organization developed The Greenbook, a benchbook on effective
intervention in family violence cases, which has been endorsed by the U.S. Attorney
General. Under The Greenbook Initiative, the Council also worked with six
demonstration sites nationwide to undertake a coordinated community response (CCR)
approach to implementing The Greenbook recommendations. The use of The
Greenbook and the effectiveness of its guidelines were evaluated in each site, leading
to the development of lessons learned and new tools from courts, advocates, and
service providers across the United States. The evaluation reports and tools are
available on The Greenbook Initiative website.

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The US Family Violence Prevention Fund‘s Judicial Education Project provides judges
at all levels with the education, guidelines, materials, and online resources they need to
provide effective help to victims of family violence. The project helps judges learn fact-
finding and decision-making skills, and to make the best possible decisions in support of
women and children facing violence.
In partnership with the National Council of Juvenile and Family Court Judges, the
Judicial Education Project offers a National Judicial Institute on Domestic Violence to
help judges develop or enhance their skills in handling a wide range of criminal and civil
cases involving domestic violence. The seminars provide information on the dynamics
of domestic violence and related issues, as well as practical advice on how to handle all
aspects of these complex cases fairly and effectively, through interactive activities.
To date, over 1,000 judges from across the nation have participated in the NJIDV's
three-day education workshops, returning to their communities with a much greater
understanding of domestic violence, improved tools for handling the nuts and bolts of
legal issues, and a stronger sense of the formidable role they can play in and out of the
courtroom to help victims achieve safety, obtain support, and realize autonomy.
Training on New Legislation
When new legislation is passed, judicial training should be implemented directly in

concert with all judicial system actors. The following example from Albania illustrates a
strategy for training stakeholders to implement a new law.
Albania – Developing capacity to implement new domestic violence law
The 2006 Albanian law On Measures Against Violence in Family Relations No. 9669
gave responsibility for implementing the law to several ministries within the Albanian
government, and called for cooperation among stakeholders such as police, shelters,
courts, prosecutors, and social service agencies. The Women‘s Legal Rights Initiative
developed a series of strategies to create capacity for a coordinated community
response, including:
 Conducting a preliminary training for key policy makers before the law was adopted.
 Identifying those who would be responsible for the law‘s implementation or who
would have influence over the implementation.
 Conducting a specialized training for key implementers on their responsibilities
under the law and on best practices from other states.
 Selecting a core group of especially enthusiastic implementers for a 3-phase
consultancy: (1) Reviewing roles and responsibilities with Ministry officials to
prepare them for their role in the law‘s implementation, meeting with supervisors
to ensure Ministry support, exposing officials to protocols from other countries to
review and adapt to Albanian country context, and gaining support of police
trainers to include domestic violence issues in curriculum and to incorporate
domestic violence offenses into police forms and data banks, (2) Reviewing
progress on protocols with each core group member and involving a local NGO

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on public awareness and lobbying strategies, and (3) Continuing review of

protocols and imparting practical information on the implementation of a domestic
violence law and conducting workshop at which the participants reviewed the
protocols.
Tools:
The Albanian Benchbook for Protection Orders (The Women‘s Legal Rights Initiative,
2006). English and Albanian. Developed to guide judges as they began to issue
protection orders.
Protocols were also developed for police, prosecutors, social workers, health
professionals, and NGOs.
Creation of a Community Coordinated Response Team Against Domestic Violence
(Chemonics International Inc, 2006). English and Albanian. Implementation guidelines
for government ministries and NGOs.
Trainings Should Become Part of Regular Curriculum
Nepal - Gender Training in Standard Curriculum for Judges and Lawyers
In 2006, Nepal adopted a series of justice sector reforms, including gender

mainstreaming in the judiciary. Judges and lawyers now receive standardized training
concerning gender issues and international human rights instruments that have been
signed by Nepal. In the past, legal personnel attended piecemeal trainings concerning
gender but did not have a uniform training module. With assistance from the UNDP‘s
Mainstreaming Gender Equity Programme, a curriculum was developed and
disseminated by the National Judicial Academy. Incorporating gender issues and
human rights instruments into the standard training for judges and lawyers is expected
to increase judicial capacity to make gender responsive decisions and increase female
representation in the justice sector.
Download the Training Resource. Available in English.
Source: United Nations Development Programme. 2006. Women's issues now part of
legal training in Nepal.
Training Should Begin in Law School
Albania and Liberia- Law school coursework on domestic violence
The Women‘s Legal Rights Initiative partnered with the Magistrates School of Albania,
which trains future judges and prosecutors, to sponsor and provide financial support for

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the integration of coursework on domestic violence, trafficking in persons, and gender

sensitivity into the curriculum. After two years, the school made the coursework part of
its permanent curriculum. Students now receive 14 hours of instruction on domestic
violence issues alone, including topics such as legal and judicial aspects of domestic
violence and family law and the role of prosecutors in these cases.
See Women‘s Legal Rights Initiative: Final Report and a brief video describing the
project. here
See an American Bar Association Rule of Law Initiative video on Judicial Reform
through Legal Education in Liberia.
Training for Judges around the World
UGANDA: In Uganda, the National Association of Women Judges (NAWJ) has worked
with the judiciary on using international instruments when deciding cases involving
discrimination or violence against women. ―Judicial officers who have attended the
training have observed that it has improved their ability to detect gender bias and deliver
gender sensitive judgments.‖ Amnesty International. 2010. I Can’t Afford Justice:
Violence Against Women in Uganda Continues Unchecked and Unpunished.
SPAIN: Spain‘s law on gender-based violence requires that judges who hear Orders for
Protection receive training on issues of child custody, security, and economic support
for survivors and their dependants. And, all employees of Spain‘s specialized Violence
against Women courts, from judges to court clerks, must receive training on issues of
gender violence which focuses on ―the vulnerability of victims.‖ Article 47
GLOBAL: The International Association of Women Judges (IAWJ) conducts judicial

education programmes for judges and magistrates in five countries in Latin America and
in Africa. Through their Jurisprudence of Equality Program (JEP), they provide training
for members of the judiciary on the application of international, regional, and national
laws on discrimination and violence against women. The IAJW states that JEP-trained
jurists have established a track record of issuing judgments striking down discriminatory
laws and practices, and they have expanded the rights of women on issues ranging
from economic discrimination, property rights, custody, inheritance, sexual assault, and
all forms of violence against women. More than 2,500 judges have taken part in JEP
training in 21 countries. Many JEP-trained judges credit the programme with alerting
them to the nature and scope of domestic violence and gender discrimination; to biases
and stereotypes that sustain these biases; and to more effective and sensitive ways to
question witnesses. In Zambia, IAWJ developed ―feedback loops‖ to document and
track the responsiveness of the court system to women victims of violence in order to
discern the actual barriers between women and justice.
The Women‘s Initiative for Gender Justice (WIGJ) is an international women‘s human
rights organization focused on ensuring that the International Criminal Court (ICC)
advances gender justice through its operations. The WIGJ has conducted a series of

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gender training for ICC judges, prosecutors, and staff. To support this effort, WIGJ has
published three handbooks, which contextualize violence within a gendered
perspective, discuss the ramifications of sexual violence and provide relevant legal
background in regard to gendered violence. WIGJ has also worked to improve gender
diversity within the ICC by recruiting women for available positions and advocating for
their election and/or appointment.
Tools:
 In Her Shoes: Living with Domestic Violence (Washington State Coalition
Against Domestic Violence). Simulation tool in which participants move, do, think,
and experience the lives of battered women; for community and professional
groups. English and Spanish.
 In Her Shoes: Economic Justice Edition (Washington State Coalition Against

Domestic Violence). Available in English.
 In Their Shoes: Teens and Dating Violence (Washington State Coalition

Against Domestic Violence). Available in English.
 Walking Wisdom (Sakshi NGO, India) English. A toolkit with several visual
tools on transforming judges and judicial education. Some of the topics
include: Understanding Women‘s Reality, Impact of Inequality, Myths and
Stereotypes, and Judicial Perceptions. Uses real-life situations to illustrate
tools for fair decision making. To order contact [email protected]
 Guia de capacitación para operadores y operadoras de justicia: Género,
acceso a la justicia y violencia contra las mujeres (CLADEM, 2008). Spanish.
This training guide is composed of three units. Each one contains a presentation
of the principles and the essential concepts. It includes texts and audiovisual
content which:
o Raise awareness about domestic violence, human rights of women, and the
lack of reporting.
o Reflect on the international and national normative framework on matters of
domestic violence and its practical application in the administration of
justice.
o Promote the appropriate application of the specific legislation to concrete
cases of violence as the principal means for the construction of a world
more just, egalitarian, and equitable.
 Manual for a Three Days Training for Media, Legal, and Education
(Christian Empowerment and Sustainable Program, 2008). Designed for use
with key sectors, including the justice sector, to inform its response to gender-

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based violence, sexual exploitation, and abuse issues in Liberia. Available in

English.
 Civil Protection Orders: A Guide For Improving Practice (National Council

of Juvenile and Family Court Judges, USA, 2010). English. Provides
guidance for advocates, attorneys, judges, law enforcement personnel, and
prosecutors to help ensure that protection orders are effectively issued,
served, and enforced.
 A Judicial Guide to Child Safety in Custody Cases (National Council of

Juvenile and Family Court Judges, 2009). English. Child custody cases
involving abuse have complicated issues of safety and access. The Judicial
Guide contains 14 bench cards for judges in child custody cases, as well as a
supplemental guide which provides additional information about in- and out-
of-court behaviours, best interests of the child, and order issuance and
enforcement.
 A Guide for Effective Issuance & Enforcement of Protection Orders

(National Council of Juvenile and Family Court Judges, USA, 2005). English.
Gives communities and professionals precise tools and strategies to broaden
the effectiveness of protection orders. Contains a section on Data Systems
and State Registries.
 Navigating Custody & Visitation Evaluations in Cases With Domestic

Violence: A Judge’s Guide (Dalton et al., 2006). English. Some US judges
rely on professional custody evaluators to inform their decisions on child
custody and visitation issues. This tool helps judges to interpret and act on
these evaluations when domestic violence is involved in family law cases. It
includes four bench cards and supplementary materials.
Training strategies for prosecutors and prosecutor staff
In almost all countries, prosecutors are very powerful individuals. Programmers who
plan trainings for prosecutors and prosecutor staff should implement careful strategies
to promote attendance and a readiness to learn on the part of prosecutors.
Creating the infrastructure for training:
 Consult with prosecutors in national associations [internal link to tools with lists of
prosecutor associations] to obtain experts in specific subject areas. Develop
curriculum based upon new laws, protocols, national strategies, or policies.
 Work to enable prosecutors to attend trainings on violence against women. There
are far fewer prosecutors than police or judges, and in smaller jurisdictions there
may be only one or two prosecutors on duty. It may be hard for them to get away,
and the district may limit their travel funds. Provide grants with travel expenses, if
possible. Find a private attorney from the same area who can cover basic court

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appearances so the backlog won‘t grow too great during the training. Ask
prosecutors, ―How can we bring you this training?‖
 Provide prosecutors who can‘t come to the training with webinars. Webinars, or
web-based trainings, contain most of the content, some opportunities to ask
questions, and are free-of-charge or available at the cost of a long-distance call.
For example, the National Center on Domestic and Sexual Violence, USA, offers
a list of Upcoming Trainings, Webinars, and Events around the Country and a list
of Ongoing Virtual Opportunities.
 Be sure that all hours of training provide prosecutors with credit for continuing
education, if applicable. Partner with lawyers in each training if so required for
credit; prosecutors prefer to be trained by peer lawyers in any case.
Foundation for prosecutor training programme planning:
The following strategies establish a foundation for prosecutor trainings on violence

against women and girls
 Conduct training on human rights in general and especially on women‘s human

rights.
 Conduct training on dynamics of violence against women and girls, including
sexual violence, dating and domestic violence, and stalking and harassment.
 Conduct training on specific myths of gender-based violence, such as the myth
that women often falsely accuse men of rape or domestic violence.
 Reinforce training on the overall context and patterns that characterize crimes of
violence against women: it is often perpetrated by someone known to the
survivor; it may involve little or no physical force; and it may not be reported
immediately.
 Conduct training on how the dynamics of domestic violence affect prosecutor
decisions; for example, the history of violence between the parties and the level
of fear expressed by the victim should be part of the charging decision.
 Educate prosecutors and prosecutor staff on sensitive ways of interacting with
survivors and their families.
 Educate prosecutors and prosecutor staff on how survivor experiences may
affect their ability or willingness to participate in the prosecution.
 Improve prosecutor and staff knowledge of and access to community resources
for survivors.
 Conduct training on prosecutorial techniques which incorporate the dynamics of
violence against women and the dynamics of intimate partner violence.
 Train prosecutors on best practice standards of child custody decisions in
intimate partner cases. Prosecutors often want to somehow place the victim
under the court‘s jurisdiction, even if the case started with the arrest of the
batterer. They may say, ―I care about the kids‖ and will condone child protection
services pressuring her into counseling, and there could even be talk of charging
her with witnessing violence to a child.

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 Inform prosecutors about the fact that when survivors choose to remain with the
abuser or opt for alternative resolution methods, social services often removes
the children from the survivor‘s care. Prosecutors should work with social
services agencies to ensure that survivors do not lose custody unjustly.
 Train prosecutors on absent-victim prosecutions. Acknowledge their frustration
with investing resources for little or no return in some cases and acknowledge
that there are no easy answers to this problem. Absent-victim prosecutions may
require more a thorough collection of physical evidence, photos, and
reproductions of emergency calls, for example, depending on rules of evidence.
There are far more third party domestic violence calls with the advent of cell
phones: neighbors, drive-bys, workmates, and the general public have more
education on domestic violence. Prosecutors can work with police on
documenting the testimony of these witnesses so that it is usable in court.
 Train prosecutors in case management techniques such as scheduling,
budgeting, and monitoring so that prosecutors can be effective and efficient.
 Educate prosecutors and staff on the often weak rates of success for batterer
intervention and other offender programmes such as alcohol treatment or anger
management programmes, and on the evidence-base of better practice in these
programme areas, including what works best for certain perpetrators.
 Educate prosecutors and staff on relevant laws on firearms, protective orders,
child custody and support, divorce, and other laws that may impact survivors of
violence.
 Educate prosecutors on ethical considerations in prosecuting cases of violence
against women and girls.
 Educate prosecutors and staff about evolving best practices in violence against
women prosecution strategies. For example, sentencing alternatives for violent
offenders remain problematic in many countries, and new areas of concern in
intimate partner violence, such as attempted strangulation and dual arrest,
continue to develop. Prosecutors in limited resource areas can make use of
websites hosted by prosecutor associations which will take questions and
provide resources upon request.
Creating an effective prosecutor educational programme
Begin trainings on prosecutor techniques in violence against women cases with a

session that acknowledges the resentment that most prosecutors feel towards victims.
 Divide large groups into 3 or 4 rooms with faculty facilitators.

 Present 3 difficult scenarios. For example, the case of a battered immigrant
woman who does not speak the dominant language, is afraid to prosecute, and
goes into her native community to hide, where the prosecutor cannot find her.
Another example could involve a victim who testifies differently on the witness
stand than in the police report. Give them 30 minutes to constructively vent. Ask
open questions such as ―What would you do in this situation?‖ or ―How is this
playing in your district?‖

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 This gives the prosecutors the opportunity to vent without expecting to be trained,
and drains off some of the negative energy around prosecutor experiences with
victims of violence.
1. Meet with facilitators after opening exercise to identify persons with negative
attitudes toward training or themes that need to be highlighted.
2. Have faculty sit with prosecutors at small round tables at lunch and dinner to
discuss issues raised during the seminar. Model attitudes for the prosecutors,
and provide a safe and trusting environment for them to talk.
3. Give prosecutors a chance to introduce themselves and say 2 things they are
hoping to come away with and 2 things that they are most frustrated by. This
gives the faculty another opportunity to talk about negative attitudes in a
respectful manner.
4. Use videos of movie clips that show scenes of violence or domestic violence
which present the story from the victim‘s viewpoint in order to teach
prosecutors to see violence against women in a just way.
5. For every 90 minutes of lecture on new laws or techniques, do an interactive
session such as role-play or Q & A. In addition, make some sessions wholly
interactive.
6. Develop case studies based upon learning objectives. Present one fact
situation per day, but keep adding facts to the scenario. Use only 3-4 fact
situations per week of training.
Using case studies in training prosecutors
 Provide real cases as examples to develop prosecutor skills. For example, use a
real police report that says that both parties used violence, both admit to using
violence, and both have injuries.
 Ask prosecutors what they would do based on the police report and what other
evidence they would like to have. Then, when they bring up things like
emergency calls, medical reports, etc., hand out the real emergency call
transcript, the real medical report, etc. With this new information, the prosecutors
get a different picture: the victim called the police, terrified, saying that he was
hitting and choking her. Or maybe she called while he was breaking into the
house and it took police 45 minutes to get there.
 Use other pieces of information as the discussion develops, such as the
statement of a victim advocate, the police and prosecutor record of prior
complaints, etc. The prosecutors usually change their initial assessment of the
case based on this information, and it drives home the point that all of these
pieces are really important to the case.
 Remind prosecutors that everything they see is produced by someone else: the
police report, the transcript, etc. The prosecutor is the only person who is the
recipient of all of these pieces of information, and they have to make their
decisions based on what is presented to them. Make this point: If you ask for
other pieces of the puzzle, this will inform how you approach cases and
how you handle them and there will be greater justice for victims.

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A Sample One-Day Training Agenda on ―Bringing a Domestic Violence Case to

Trial‖
30 min: Introduction: Introduce yourself and partners. Ask audience to introduce

themselves and identify their office, experience level, what they hope to learn today,
what the most pressing problems faced by their office are.
15 min: Outline community needs and expectations of prosecutors. Briefly discuss

applicable criminal domestic violence laws.
15 min: Discuss the effect of the dynamics of domestic violence on prosecutions:

Understanding her reluctance to testify and the possibility that she might recant. Use
case studies of intimidation techniques, i.e., jailhouse calls, threats to other family
members or pets. Discuss how to reconcile respect for victim wishes with prosecutor
duty to protect society from violence. No easy answers!
30 min: Discuss most important guiding principle: do not contribute to the re-
victimization of the survivor. Obtain group input on ways that this could happen, for
example: delays in investigating or charging the case, becoming angry, issuing
ultimatums. How to reduce survivor withdrawal: Support her by ensuring that orders for
protection are enforced, issue consequences if intimidation tactics are used, utilize
support of advocates, expedite the case, don‘t say things like ―YOU must press
charges‖- make sure she knows it is the state that is bringing the case.
45 min: Plan how to approach and investigate your case: Plan for an absent victim,
even if you think the victim will testify. Develop physical evidence: photos of crime
scene, victim, and perpetrator; and forensic reports. Include tapes of emergency and
witness calls, and dispatch logs. Obtain records of excited utterances and statement of
perpetrator and witnesses. Make a diagram of the incident.
15 min: Break
15 min: Articulate the advantages and challenges of vertical prosecution: improving

your ability to argue the case (the one who charges the case does the arraignment, pre-
trial, trial, sentencing, and post-sentencing hearings) vs. the case is driving you crazy!
45 min: Unpack charging decisions. Small group break-out: What do you need to
charge a case? Analyzing resources and using case studies with different levels of
evidence to illustrate effective charging decisions.
30 min: Show video of dual arrest scenarios, discuss effect upon survivors.
60 min: Lunch or other break

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60 min: Delve into the complex issue of bail in domestic violence cases: the importance
of focusing on victim safety. Refer back to intimidation techniques and the importance of
risk assessment standards (hand out). Elicit group feedback on information which will
be useful to a court in determining bail. Write all suggestions on white board or
overhead.
Give the court as much information as possible: illustrative stories of offender‘s

intimidation tactics, prior crimes of domestic violence, prior crimes involving weapons or
threats, current use of threats or weapons, telephone or email harassment, availability
of weapons, and victim‘s injuries. The court needs to know what factors make it less
likely that the perpetrator will appear for future court hearings. Elicit suggestions:
unemployment, duration of current employment, past failures to appear in court, past
flights from officers, uses of false identities, where he is living and for how long, if he
owns property in another country, etc.
60 min: Discuss tips to enhance victim safety and offender accountability:

 Involve advocates to provide continuous support to victims
 Contact victim as soon as possible and maintain regular contact
 Use the risk assessment often. Ask for victim input: is she frightened? Has anything
changed, i.e., increase in threats, stalking, etc.
 Create a safety plan for the victim, the advocate, and yourself to prepare for
defendant‘s reaction to criminal prosecution
 Take time to prepare her for court
 Assist with orders for protection and no-contact orders. Enforce them!
 Make a plan with the advocate about keeping the victim informed:
- Craft careful and compassionate letters on declinations and dismissals
- Decide who will contact her about each step: arrest, bail, charges, hearing dates and
times, court decisions and sentencing hearings, opportunities for victim impact
statements, parole, and what to do if OFPs or parole conditions are violated.
- When delegating contacts to advocate, develop an ironclad method to keep the
advocate informed!
15 min: Don’t re-victimize the victim. Even if she recants or changes her story at the
last minute, don‘t threaten her with perjury, contempt, or obstructing justice. Stay
focused on her reasons as they likely reflect safety factors. (Allow attendees a chance
to vent here. All prosecutors are frustrated with victim withdrawals.)
15 min: Break
75 min: Foil the defense plan to discredit or malign the survivor. Waiting until they say
it and then objecting is not the best strategy; the judge or jury has still heard it and it
may perpetuate stereotypes about victims of domestic violence that they already half-
believe. Know what the defense lawyer might say by checking out his common practice,
by asking the victim if the batterer has said anything to her about what to expect during
the trial, or how he has defended himself in the past. Take note of what was said in plea
negotiations or in passing.

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If possible, use a motion in limine (a motion made at the start of a trial requesting that
the judge rule that certain evidence may not be introduced in trial) to keep these
statements out before they are made. It will support the victim‘s desire to cooperate if
she knows that intimidation and humiliation won‘t be allowed in court, and it will help to
lessen the control that the defendant has over her.
Know your rules of evidence and object strenuously and with particularity. Be prepared
to ask for a mistrial with costs awarded if the defense oversteps. (Role play with
egregious behaviour and questionable behaviour. Discuss.)
15 min: Wrap up. Thank them for coming. Offer to stay around afterwards to discuss
questions.
Source: Adapted from materials provided by Rhonda Martinson, Family Violence

Prevention Fund, 2011.
A sample agenda for one-day Sex Trafficking Training for Prosecutors in

Minnesota, USA
15 min: Welcome
Basics for Building a Successful Prosecution Using the MN Law

Investigations - What evidence do you need? How can you get it?
Basic preparation ideas for trial
15 min: Break
45 min: Working with Victims to Prosecute Traffickers
Understanding victim’s trauma, needs and services:

o so prosecutors can work with them to build cases
o and better perceive them as victims so they can then present them as victims to
the jury
o Highlighting trafficking of MN’s native communities
o 45 min: Working with Law Enforcement to Build a Case
Understanding how law enforcement approach investigations, obtain evidence for

prosecutors, communication with prosecutors to build a case
Presentation of current investigations
30 min: Cooperation Panel: (Law Enforcement, Service Providers, Prosecutors)

Discussion with presenters on how to cooperate to build cases – what works; what
doesn’t work; what exists for communication methods; what could be improved upon?

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60 min: Working Lunch: Case Studies in small groups

Identifying and investigating a sex trafficking case
What evidence would you need? How would you get it?
How would you prepare for trial? Any strategies?
15 min: Case Study Results Presented to Large Group
120 min: Strategies for Prosecuting a Sex Trafficking Case Using Minnesota Law
Source: Adapted from materials provided by Beatriź Menanteau, Staff Attorney, The
Advocates for Human Rights, 2011.
Tools for training Prosecutors:
 Understanding Sexual Violence: Prosecuting Adult Rape and Sexual

Assault Cases: A Model Four-Day Curriculum (The National Judicial
Education Program, NOW Legal Defense and Education Fund, in cooperation
with The American Prosecutors Research Institute, 2001). Information on
victim advocate/prosecutor relationship, tips on preparing for trial and working
with forensic examiners and other experts. English
 The International Association of Prosecutors provides a newsletter, an E-

Forum, and networking opportunities for members, among other benefits.
 The Blueprint for Safety (Praxis International, 2010). Tools, protocols, and
training memos for prosecutors in making charging decisions, working with
victims, determining bail and pre-trial release, negotiating plea agreements
and making sentencing recommendations in domestic violence cases.
English.
Training paralegals
Paralegals may receive on-the-job training at non-profits, law firms, or corporations,

but are sometimes required to have some type of certification from an accredited
paralegal programme. Many schools exist to train paralegals, as do online certificate
programmes. It is important to research programmes carefully in each country to find
ones that are reputable and reasonably-priced.
Paralegals must have a variety of skills, including legal skills such as drafting
documents and taking statements; administrative skills such as record-keeping,
filing, and computer skills; and ―people‖ skills such as interviewing clients,
counseling, and education.

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Benin – Training paralegals to improve women’s access to justice under new

family code
In Benin, a new family code was adopted in 2004. Well-respected paralegals already
existed in communities and they were tapped as an effective way to convey information
on women‘s rights under the new code to illiterate, rural, and poor women. The
Women‘s Legal Rights Initiative programme of USAID adopted these strategies to train
the paralegals:
 Local NGO partners received technical and financial assistance to develop and
provide paralegal training on women‘s legal rights in general and on the new
family code.
 The NGOs created a paralegal training manual together to ensure consistency.
 Paralegals made a commitment to educate their communities and to act as
resources in order to attend the week-long training.
 Training was prioritized in rural areas.
 Additional classes were held for new paralegals on their role, the organization of the
justice sector, and communications techniques.
 Role-plays enabled new paralegals to practice common scenarios with clients.
 Continuing education was made available to experienced paralegals on new
requirements of the family code regarding child marriage, polygamy, and
inheritance rights.
 A public awareness campaign on women‘s legal rights was held in the same
geographic area as the trainings so that women could discuss topical matters
with the paralegals.
The Benin Family Code Paralegal Manual (The Women‘s Legal Rights Initiative,
2005). English.
For similar paralegal manuals developed under this programme, see Guatemala
and Lesotho.
Lesotho – Training paralegals raise rural women’s awareness of legal reforms
Lesotho has enacted laws which better protect women‘s rights. For example, the Sexual
Offences Act (2003) expanded victim‘s rights in important ways, such as requiring the
government to pay for medical examinations after assaults, requiring the prosecutor to
orient the survivor to court procedures, and allowing survivor input into decisions on
bail. In 2006, the Legal Capacity of Married Persons Act was enacted, which allows
married women to own and inherit property, receive loans, and hold a job without her
husband‘s permission.

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Project: The Women‘s Legal Rights Initiative of USAID partnered with the Lesotho
affiliate of the Federación Internacional de Abogadas (FIDA) to raise awareness of
these legal reforms and advocacy programmes by training paralegals in rural areas.
Strategies included:
 Requesting local government and community leaders to nominate people to be
trained.
 Screening nominees for suitability and reliability.
 Selecting influential members of the community as trainees (70% were women).
 Selecting trainees to ensure geographical and occupational representation.
 Training participants on laws which affect most people such as inheritance laws,
rights of women in traditional marriages and common law marriages, and dissolution
of property in divorce.
 Training participants on paralegal skills such as identifying legal issues and taking
statements.
 Training participants to alert FIDA about cases which could be used for high impact
litigation.
 Forming paralegal committees to work with FIDA on ongoing challenges faced by
paralegals and to collect evaluation data.
 Requiring paralegals to submit reports and action plans for all cases to FIDA.
 Making field visits to gain information from focus groups in communities served by
the paralegals.
See the paralegal manual used in Lesotho.
Tools for Training Paralegals:
 For information on paralegal training programmes worldwide, click here.
 Community Based Paralegals: A Practitioner’s Guide (Open Society

Justice Initiative, 2010). English.
 Community Paralegal Training Programme brochure (Pacific Regional

Rights Resource Team) English.
 Paralegal Training Manual (Federation of Women‘s Lawyers- Lesotho in

collaboration with the Community Legal Resource Centre, 2000). English.
 For a video entitled ―Is a Paralegal Career Right For You?‖. See a video.
 See also a video entitled ―A Little about Paralegal Careers‖. Available in

English.

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 Starter Kit for Setting Up a Legal Assistant (Paralegal) Programme (The

International Paralegal Management Association, 1991). English.
Training Victim Witness Advocates
Many prosecutor offices throughout the world are recognizing the advantages to both
the victim and the successful prosecution of the case in providing the victim with a
victim witness advocate. In most countries victim witness advocates are funded by and
housed in the court system itself. Effective victim witness programs reach out to victims,
inform them of their rights and court processes, provide referrals to services, and
accompany victims to court hearings.
Tools for Training Victim Witness Advocates
The US Office for Victims of Crime offers a free-of-charge online training course for
victim service providers. The module-style training ―will provide professionals with
the basic skills they need to assist victims effectively and sensitively.‖ It covers
o Goals and how to navigate through the online training

o Basic issues such as ethics and cultural competency that provide the
foundation for victim services
o Characteristics, prevalence and other information about 14 types of crimes
o Core skills needed by victim service providers, such as establishing rapport,
problem solving and crisis intervention
o Information about specific topics and skills needed to provide services to
specific populations
o Information about and skills needed to collaborate with various types of
systems, such as community-based, criminal justice-based faith-based, and
reservation-based systems.
o Challenging situations faced by victim service providers
o For more information, see the website.
 The Role of the Victim and Victim Advocates in Managing Sex Offenders
(Center for Sex Offender Management, USA). A free-of-charge online
curriculum with a victim-centred approach designed for collaboration between
those who work in sex offender management and victim advocates. It
contains modules for a two-day training with interactive exercises, slides,
participant materials, and training strategies and techniques on the following
topics: Understanding Sexual Assault from a Victim‘s Perspective, Working
With Sexual Assault Victims, Enhancing Victim Involvement in Sex Offender
Management, and Strategies for Applying the Victim-Centered Approach. For
more information, see the website.

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Provide Rights-based Education and Awareness
Many women and girls are not aware of laws on violence against women, of their legal
rights, or how to exercise these rights. ―Legal awareness‖ is necessary for women in all
nations so that they can affirmatively claim their rights. When NGOs provide legal
awareness programs for women and girls, NGOs can benefit due to:
o Increased community trust in the NGO.
o Increase in use of NGO services.
o Valuable information obtained from new NGO clients (Bordat and Kouzzi, 2009).
Steps to improving legal awareness for women and girls include:
 Determine legal awareness needs of women and girls to more effectively target
efforts and ensure greater participation. Surveys, women‘s NGOs, and legal
assistance clinics may be good sources of information on needs.
Colombia – Legal Awareness Project Provides Hotline for Potential Trafficking

Victims
In Colombia, a survey was conducted to determine what factors make someone

vulnerable to human trafficking. It found that a victim might fit this profile:
 She will accept high levels of risk to pursue a job or a marriage.
 She is extremely eager to advance in her career in a short time.
 She is under pressure from her family and friends to improve her financial situation.
Based upon these results, the International Office for Migration (IOM) Mission in
Colombia designed an awareness and prevention campaign which provided all
Colombians with a hotline to support informed job offer decisions. Success was
demonstrated by a 400% increase in calls to the hotline in just one year.
Source: International Organization for Migration Mission in Colombia. 2006.

Dimensiones de la trata de personas en Colombia.
 Prioritize legal awareness programming based upon actual needs of women.

Develop materials with input from local NGOs and women.
CASE STUDY: Producing a Resource Manual on Violence against Women with

Disabilities
A report by Women With Disabilities Australia (WWDA) describes the steps in planning
and producing a resource manual on violence against women and disabilities:
1. Establish a project reference group made up of women with disabilities.
2. Develop the project plan.
3. Publicize the project and develop promotional flyers. For example, WWDA
organized a systematic plan for distribution in every state and territory in

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Australia, to disability organizations, educational institutions and to politicians.

WWDA created a comprehensive electronic mailing list.
4. Develop the framework for the resource manual, based upon the needs of the
individuals and the services required. For example, framework goals included an
easy-to-handle end product that could be easily posted, and economically
printed. The manual would contain:
- Information on how women‘s refuges and crisis services could develop services and
programmes for women with disabilities.
- Information about women with disabilities tailored for service providers as well as the
broader community.
- An annotated bibliography of resource materials.
- Stories, poetry, and artwork from disabled women who have experienced violence,
including strategies to escape the violence. Examples of flyers soliciting input are
included in the report.
- A guide to services at the state/territory, regional, and national level.
Four books were developed for the Resource Manual: More Than Just a Ramp; It’s Not
OK It’s Violence; A Life Like Mine! narratives from women with disabilities who
experience violence; and Forgotten sisters: a global review of violence against women
with disabilities.
The group also developed a feedback/evaluation form. Questions included:

 Is the language used in the manual easy to understand?
 What did you find most useful?
 Is there any area we haven‘t covered?
They gave careful consideration to producing the information in accessible formats, and
consulted with Vision Australia, a leading provider of blindness and low vision services.
The Resource Manual is available in the following formats:
 CD Audio Master
 Large Print PDF
 Braille
 E-text
 MP3 Audio file
 DAISY (Digital Accessible Information System) format
The project had a number of positive outcomes, including the establishment of a

national conference on women and disabilities, and a day-long summit on violence
against women with disabilities.
Source: Women With Disabilities Australia. 2007. ‗Development of a Resource Manual
on Violence Against Women With Disabilities‘.
To order a CD-ROM of the Resource Manual, contact [email protected].

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 Plan interventions based on country context. For example, for countries with lower
levels of female literacy, it may be most appropriate to plan a series of radio
broadcasts or street theater productions.
 Strategically plan for implementation of rights-based education at the local, regional,

and national level if possible. For example, see the Combating Domestic Violence
Against Women: National Action Plan 2007-2010 of the Republic of Turkey, Goal on
Awareness Raising and Mental Transformation with detailed Activities, Responsible
Parties, Partners, and an Implementation Phase. If resources are scarce,
concentrate on the local level and the most disadvantaged women and girls.
 Interventions should involve both providing information on laws on violence against

women and on how to obtain assistance for victims of violence. For example,
Women‘s Rights Awareness Programme (WRAP) Kenya, provides publications on
Know Your Rights, A Best Practice Guide on Gender-Based Violence, and a Service
Directory, among other publications, which it distributes free of charge.
 Plan proactive dissemination of information to women and girls to help them to avoid
becoming victims of violence.
Example: a multi-media awareness campaign for women's rights was conducted

in Kirkuk, Iraq, in areas where internally displaced women from low economic
and social backgrounds live. Topic addressed includes forced marriage, the right
to education, and political participation. Posters and booklets featuring simple
stories illustrated by humorous caricatures were printed and distributed to
targeted areas. Radio shows also discussed the awareness campaign. Source:
UNIFEM. 2006. Promoting Women‘s Rights in Kirkuk.
 Plan similar information campaigns for men and boys to begin to change social and
cultural norms around gender equality and violence. See the full module on working
with Men and Boys.
 Use a variety of communication strategies, such as paralegals [internal link to

paralegal section], information kiosks at market locations and health care provider
locations, creative brochures, fliers, and posters, and presentations at local
churches, schools, and preschools.
Kenya – Training for Key Stakeholders on New Sexual Offences Act
Kenya passed a new Sexual Offences Act in 2006. With the passage of the Act, a
former Minister of Parliament began a process of undertaking awareness campaigns to
ensure implementation of the Act at all levels within the Kenyan society through CLICK
(Centre for Legal Information and Communication in Kenya), a human rights NGO at
which she is a chairperson. CLICK developed a programme that targets school girls

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with legal information about the provisions of the legislation. CLICK works through
school clubs to provide one-day trainings for girls that match education on provisions of
the new law (especially those related to reporting) with other types of education
including self-defense training and career development. The programme also attempts
to match young women with adult women as mentors. Because members of CLICK‘s
board of directors have been or are influential members of the Kenyan Parliament,
CLICK draws on their networks to find mentors for young women.
CLICK has been involved in training of judges (in collaboration with Kenya Women
Judges Association, CLICK was instrumental in the development of a training manual
for judicial officers on the Sexual Offences Act), parliamentarians, and provincial
administrators on the provisions of the new law. Provincial administrators, including
district officers and local chiefs, are often the first people to hear about crimes of sexual
violence committed in the rural areas. Although a comprehensive programme evaluation
has not been completed, CLICK notes that anecdotal experience demonstrates that the
training and awareness-raising has made a difference in public attitudes about sexual
violence. Girls appear more willing to report violence and the justice system takes the
cases more seriously, specifically in the form of more severe sentences for perpetrators.
Source: Interview with Felix Makoyo, Executive Director, CLICK (March 2011).
 Use pre-existing social networks such as small loan enterprises, mother‘s groups,
and other, informal groups as entry points for presenting legal awareness
information.
Example: The Zimbabwe Women Lawyers Association (ZWLA) provides legal

training to groups of women facing similar legal issues, enabling them to represent
themselves in magistrate-level court proceedings. The Zimbabwe Widows and
Orphans Trust Project facilitates weekly discussions, called ―Widows‘ Days,‖ during
which widows meet with judges to inform them of the challenges they face (United
Nations Commission on the Status of Women, 2005).
 Train young people to serve as peer leaders in schools. For example, Canada has
launched a pilot project entitled ―Addressing Sexual Violence Prevention through
Civic Engagement and Resource Development.‖ The project is aimed at high-
school-age young women and will be delivered by peer leaders who will provide
preliminary information and encourage participation in confidential community
forums with civic leaders and service providers (Email with Patricia MacIntosh, on
file with The Advocates for Human Rights, 2011).
Indonesia – Volunteers provide legal assistance
Justice for the Poor and Perempuan Kepala Keluarga have started a Women‘s Legal
Empowerment Programme in certain provinces. Trained community volunteers provide
information on issues involving divorce, inheritance and employment rights, domestic

FORMAL SECTOR
violence, and children‘s rights, and help in filing petitions to female heads-of-
households. The programme brings in representatives from the justice sector and local
government for group consultations and question-and-answer periods. The women
have stated that ―…meeting legal officers through [the Programme] reduces their
anxiety about the legal procedure.‖
Source: World Bank. 2007. A Framework for Strengthening Access to Justice in

Indonesia.
 Present information in appropriate languages.
India- Raising Legal Awareness
The NGO Marg in New Delhi, India, has a Legal Literacy Programme for which it
produces a variety of legal awareness training materials, including books, manuals,
posters, pamphlets, radio plays, and films. Marg has written a series of legal manuals in
Hindi (Hamare Kanoon) and in English (Our Laws) which explain 25 laws in easy-to-
understand language. Marg has produced 10 films, Bol Bosanto, that utilize songs and
action to facilitate interest. Marg has also developed a series of audio cassettes based
on the films.
Marg conducts legal literacy workshops for rural, urban, and student populations. The
workshops are planned for about 30 people and incorporate interactive strategies such
as games, songs, role-plays, and the Bol Bosanto films. Marg also conducts training
programmes for trainers, students, and volunteers who will bring legal awareness to
remote areas.
In one success story, a partner NGO revealed that shortly after Marg conducted a legal
literacy workshop, two of the NGO workers had been raped. Armed with the new
information about their rights, the victims lodged a complaint and the case is being
pursued in court.
To order copies of the training materials, contact Marg at [email protected].
Source: Rani. 2011. Legal Awareness: Why It Is a Necessity.
 Ensure that information is disseminated among minority populations, including

migrant women and girls.
 Present information for non-literate populations and populations with special needs.
For example, see the film Raising Women‘s Legal Awareness through Film-
Tsunami (International Development Law Organization, 2007).

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 Present information appropriate to country context. For example, based on local

fact-finding, two recommendations of a report on rape in Namibia called for civil
society organizations to develop and distribute brochures on the criminality of
obstructing the prosecution of a rape case, and on the concept that compensation
schemes and criminal prosecutions of rape are not mutually exclusive (Legal
Assistance Centre, 2009).
 Present information in a user-sensitive way; for example, the outside of the brochure
should be innocuous and non-threatening so that a woman might pick it up without
feeling exposed. Specific information on what to do if one is a victim of violence
should be listed on interior pages.
 Present information on how to access legal services so that women and girls
understand:
o where to go for help depending upon the type of violence they have
experienced;
o court locations;
o a step-by-step example of filing a complaint;
o a case process;
o a list of women‘s NGOs that provide legal services; and
o contact information for victim advocacy services.
 Provide information on how a woman could seek justice without a lawyer.
 Provide web-based resources in addition to more traditional sources such as radio

and television. For example, the United Kingdom has a website on Community Legal
Advice.
 Include graphic representations, videos, and audio resources in website materials to

extend knowledge to non-literate women and girls. For example, La Dynamique des
femmes juristes, Democratic Republic of Congo, discusses issues of access to
justice for women who are victims of violence on the radio here. See the Violence
Against Women 365 International Poster Exhibition here.
India – Legal Awareness through VIDEO SEWA
The organization SEWA (Self-Employed Women‘s Association) in India has

implemented a grass-roots programme in which community members make videos on
legal, economic, or social concerns which affect them personally. A number of their
members are non-literate or low-literate. The process of framing the issue, filming the
participants, and showing the film publicly serves as a valuable training tool and
promotes legal reform. SEWA programmes also use videos to educate women on the
court process. For example, a group of women who make cigarettes had to testify in
court. To prepare them for hostile questioning by opposing attorneys, SEWA videotaped

FORMAL SECTOR
a mock court proceeding as a teaching tool, which greatly increased the women‘s
confidence.
SEWA‘s standards in determining whether to use videos:
1. Set goals for using video as a tool in your organization.
2. Assess these goals. Critically and honestly analyze whether video is the best medium
to achieve these goals. It is very easy to be dazzled by the technology and forget the
difficulties.
3. Does your organization need videotape or a video unit to achieve these goals?
4. Does your organization have the human and financial resources to introduce video?
To start a video unit anticipate the following:
- funding needs for equipment, training, and follow-up and operational activities
- equipment needs
- training needs
- time for skills to cement
- keep expectations within reach
5. To plan a video unit carefully think about the questions below:

- Who needs the tools and why?
- Who will use the video and how?
- How will video meet the organization's needs?
- Who will learn video? (This is very important for long term
sustainability.)
- Who will provide training?
- Who can be resources/problem solvers?
- What equipment will be needed?
- How will maintenance and repairs be achieved/financed?
- Who will coordinate video activities?
6. Can the organization sustain video over time?
7. Does the organization have the necessary resources to meet the demands video will
create?
8. How will video be evaluated? When? By whom?
For descriptions of video projects by SEWA on issues of violence against women see
Sharing Her Story and Taking a Stand. Through Our Eyes is a video workshop project
which uses local actors and languages to address issues of gender-based violence
response and prevention, including legal aid, counseling, and medical services for
survivors of conflict-related countries. The initiative is sponsored by American Refugee

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Committee and Communication 4 Change. To see a video of the first workshop, click
here.
 Provide timely knowledge for potential victims. For example, in the context of
providing information on sex trafficking, provide information at job-hunting sites,
hotels, airports and other transit locations and in places such as want ads,
employment bureaus, or travel agencies.
 Use input from non-lawyer communication experts to present legal information,

including input from women‘s NGOs. For example, the graphic artists behind the
Paraguayan website wrote and illustrated seven different stories about violence
against women and girls, including sexual harassment, domestic violence, incest,
sexual exploitation of children, and female genital mutilation. These gritty, realistic,
graphic stories present many aspects of a victim‘s dilemma and are followed by
concrete steps to leave a violent situation, contact numbers for help, tips on
increasing security for those who stay with the offender, tips for preparing to leave
safely, and tips for increasing the safety of the children. Spanish.
 Partner with government officials to disseminate legal information. Many

governments recognize their obligation to provide legal awareness for women yet
may be unwilling or unable to implement specific strategies to meet it. Working with
governments may ensure sustainability of efforts and may improve wider dispersal of
programmes.
 Extend awareness of legal needs to the community. Individual women who have
been educated on legal awareness may be better equipped and motivated to
demand services for survivors of violence for their community (UNDP, 2005).
 Provide opportunities for local media to publicize legal awareness programmes with
letters to the editor and press releases.
Armenia – TV Show Increases Legal Literacy
In Armenia, surveys revealed that the population not only distrusted the judiciary but
also knew very little about their legal rights. In 2003, the World Bank and the Ministry of
Justice launched a television show called ―My Right‖ with the aim of increasing legal
knowledge. The show was hosted by the Deputy Minister of Justice, featuring a mock
trial based on real court cases. Judges, attorneys, law students, and other experts
discuss legal matters covering a wide range of topics, including property law, family law
and other areas. In 2005, two attorneys from the Women‘s Rights Center of Armenia
appeared on the show. ―My Right‖ has become extremely popular throughout the
country, and there is anecdotal evidence that citizens are more interested in legal
matters, have voiced an increased demand for legal services, and are using knowledge
gained on the show to protect their rights. Additionally, there is emerging evidence that

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the show has increased public trust in the judiciary. Source: World Bank. 2005. Court
TV for Armenia.
Girls
Programmers should consider the special circumstances and greater barriers to justice
experienced by girls and incorporate this knowledge into legal awareness programming.
Challenges faced by girl victims of violence may include:
o Lack of legal standing.

o Lack of support as a holder of rights from adults.
o Economic and physical dependence upon adults.
o Difficulty in understanding judicial processes.
o Lack of formal or informal education on rights.
o Perpetrator may be from immediate family, thus girl might be unwilling
to disclose the crime and others may be unwilling to believe her for
fear of reprisal or social stigmatization.
Strategies to address the need for legal awareness of girl victims of violence include:
o Providing information about legal rights in school curriculums.

o Providing alternative sources of information for girls not in school, such
as sewing or other youth clubs or health centers.
o Using peer advocate programs to disseminate information. Girls may
be more likely to seek information and assistance from locally-run and
familiar programme sources.
o Supplementing all sources of information with concrete strategies for
enforcing their rights, such as legal clinic or child rights center contact
information and paralegals with training on the rights of girls.
o Providing information in remote and poverty-stricken areas.
o Providing a wide range of support services for girl victims of
violence.(Grandjean, 2010).
Tools for Promoting Legal Awareness
 Practical Guide and Methods to Advance Women's Legal Rights (The

Women‘s Legal Rights Initiative, 2007). Available in English.
 Addressing Gender-Based Violence through Community Empowerment

(Legal Assistance Centre, Namibia, 2008). Provides information on gender-
based violence, discussion questions for community meetings, suggestions
for group actions, and a summary of important points and laws for community
use, in a user-friendly manual with examples specific to Namibian context but
which are adaptable for use in many countries. Available in English.

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 Legal Awareness Programme (The National Commission on Women, India)

includes objectives, subject matters, and a budget for a 2-day programme.
 Pocket Guide: The Combating of Domestic Violence Act (Legal

Assistance Centre, Namibia, 2008). Available in English.
 Pocket Guide: The Combating of Rape Act (Legal Assistance Centre,

Namibia, 2008). Available in English.
 Handbook for Civil Society Partners: Community Education and

Awareness Program on the Rule of Law (Ministry of Justice, Liberia, and
the Carter Center, 2008). Available in English.
 A Guide on Domestic Violence (The Cradle-The Children‘s Foundation,

Kenya, 2004). Information on myths and realities of domestic violence and
basic legal information for victims. Available in English.
 A Guide on Female Genital Mutilation (The Cradle-The Children‘s

Foundation, Kenya, 2004). Information on myths and realities of female
genital mutilation and basic legal information. Available in English.
 Child Sex Abuse (The Cradle- The Children‘s Foundation, Kenya, 2006).
Information on myths and prevalence of child sexual abuse and on what to do
if child sex abuse is suspected. Available in English.
 A Standard Survey Instrument on Legal Awareness, Appendix IV,p. 95, Legal

Empowerment for Women and Disadvantaged Groups (The Asia Group,
2009). The survey is on shelter, water, and health but is easily adaptable to
violence against women and girls. Available in English.
Tools on Media Training:

 Training Manual for Gender Sensitization of Media on Violence against
Women (Participatory Development Initiatives, Pakistan). A detailed tool for
workshop presenters that provides objectives, preparatory work, interactive
group activities, handouts, discussion points, and more, see the website in
English.
 How to Report Culture, Religion and Gender, a Training Manual for the
Media (Inter Press Service, South Africa, 2002). Available in English, part A –
part B.
 Gender, HIV and Rights: A Training Manual for the Media (Inter Press
Service International Association, Italy, 2003). Available in English.

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Tools for women with disabilities:
 Women, Disability and Violence: Strategies to Increase Physical and

Programmatic Access to Victims’ Services for Women with Disabilities
(McClain, 2011). Available in English.
 SafePlace, Responding to Violent Crimes Against Persons with Disabilities: A

Manual for Law Enforcement, Prosecutors, Judges, and Court Personnel
Provides a toolkit to help criminal justice system professionals, attorneys, judges,
and law enforcement officers more effectively respond to, investigate, and
prosecute crimes against people with disabilities. Provides information about
disabilities and disability etiquette; the dynamics of domestic violence, sexual
assault, and caregiver abuse against people with disabilities; comprehensive
safety planning for crime victims with disabilities; and strategies for taking a
proactive approach to providing accessible services to crime victims with
disabilities. Available in English and Spanish.
 Braille Brochure on Family Protection Law in Jordan, for Women with

Visual Impairments. Outlines the provisions of the Family Protection Law in
Braille. The brochure was drafted by several legal experts and was presented as
part of a workshop for visually impaired people. For more information, contact
Karama.
 Violence against Women and Girls: Your Questions, Our Answers (Gender
& Development Network, 2010). A brief yet effective synopsis of violence and its
effects upon victims. Available in English.

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FORMAL SECTOR: MONITORING AND EVALUATION

Key principles for monitoring and evaluation
 Monitoring and evaluation should refer back to existing baseline data or begin
with a baseline study
 Monitoring and evaluation are closely linked to, and should reflect the
methodology of, the initial project appraisal
 Monitoring is an integral part of programme implementation
 Monitoring should be linked to the specific programme objectives that were
defined through the appraisal and programme planning process
 Monitoring information should be used in decision-making
 Evaluation should follow a specific methodology designed to gather information
about programme success
 Monitoring and evaluation should respect principles of participation and involve
all programme stakeholders, including programme implementers, beneficiaries
(programme users), women and girl survivors when appropriate and safe, local
officials, and other observers such as related civil society groups
 Monitoring and evaluation should respect and protect the rights, welfare, and
confidentiality of all those involved in the programme
Examples of Objectives for Monitoring and Evaluation of Justice/Legal Sector

Initiatives
Strategy/ Examples of possible Examples of possible

intervention objectives indicators
1) campaigns for  Discriminatory laws and  Percentage of the budget
improved laws policies are amended or allocated for initiatives aimed
and policies repealed at preventing violence
 Appropriate laws, policies and against women, providing
protocols around violence services for survivors and
against women are developed, increasing access to justice
enacted and implemented for victims
 Adequate resources are  Systematic national level
allocated for initiatives data is collected on violence
against women
 Ratification of CEDAW, its
Optional Protocol and/or
removal of reservations
 Ratification of relevant
regional conventions
 Legal recognition of non-
discrimination and gender
equality
 Constitutional guarantee of
gender equality

FORMAL SECTOR
 Specific action plan on

violence against women
 All forms of violence against
women are criminalized and
treated as serious offenses
 Training on violence against
women is offered and made
mandatory for justice sector
personnel
2) campaigns to  Women increase their  Proportion of women (and

increase knowledge and awareness of men) who identify all forms of
women‘s their rights under international violence against women
awareness of and local law (specify forms) as a violation
their rights,  Women feel empowered to of human rights
empower them claim their rights under law  Proportion of women who
to claim their  Women and girls understand are able to identify their
rights, and that violence against women is rights under specific
mobilize a violation of their human legislation
communities to rights  Proportion of women who
defend those  Men, other community state they would report
rights members and leaders violence against them to the
understand that violence police
against women and girls is a  Proportion of women who
violation of human rights and state they understand and
understand the law in this area feel empowered to take their
 Communities galvanize action case through the legal
to raise awareness around process
and promote a woman‘s right  Proportion of women who
to a life without violence know of a local organization
that provides legal aid to
survivors
 Number of violence against
women complaints reported
to the police (disaggregated
by form of violence – i.e.
domestic, sexual, other)
 Proportion of men and other
community members -
attending or participating in
awareness-raising events -
who identify violence against
women as a violation of
human rights and a critical
issue
Proportion of men and other

FORMAL SECTOR
community members -
attending or participating in
awareness-raising events –
who make a commitment to
protecting women‘s rights
and preventing violence
against women
3) training to  Law enforcement  Number of law enforcement
sensitize professionals are able to professionals trained to
police, judges respond to incidents of respond to incidents of
and all other violence against women and violence against women and
justice sector girls according to established girls according to
actors around protocols established protocols
human rights,  Law enforcement  Proportion of violence
violence professionals are sensitized against women cases that
against around gender, violence are investigated by the police
women, and against women and barriers  Proportion of investigations
gender-related women and girls face, that are conducted according
concerns, including the impact of to an established protocol
norms and prevailing norms and  Proportion of law
stereotypes stereotypes enforcement officials
 Law enforcement demonstrating appropriate
professionals address knowledge, attitudes and
violence against women and practice around gender and
girls as a violation of human violence against women
rights, and are able to meet issues
their obligations appropriately  Proportion of women filing
cases with the police who
state that law enforcement
officials handled their
complaints with sensitivity
 Proportion of women filing
cases with the police who
state that laws enforcement
officials provided
appropriate, meaningful
assistance
4) efforts to  National protocols for  Proportion of law

strengthen addressing complaints of enforcement units following a
institutional violence against women and nationally-established
capacity to girls are established protocol for complaints of
respond to  Commodities and violence against women –
violence infrastructure for addressing including the proper
against women violence against women in introduction of medico-legal
and girls police departments are evidence

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improved  Proportion of law

 Community referral systems enforcement units that have
for providing services/ appropriate commodities/
assistance to survivors are infrastructure for interviewing
developed and widely women filing cases
accessed  Proportion of violence
 Documentation of cases of against women cases
violence against women and prosecuted by law
collection of systematic data,  Proportion of prosecuted
including on prosecution and cases of violence against
convictions, is strengthened women that resulted in a
 Collection of systematic data conviction Proportion of law
on prevalence of all forms of enforcement officers that are
violence against women and able to refer women to
girls is strengthened organizations in a
 Collaboration with the health community-based referral
sector for the collection of network
forensic data is strengthened  Proportion of law
enforcement units that
systematically collect
disaggregated data (such as
form, age, perpetrator) on
violence against women
cases, including on
prosecution rates
5) ongoing  Mechanisms for monitoring  Database of laws, national

monitoring of implementation of laws and strategies and action plans,
the policies are developed and programmes and institutional
implementation publicized mechanisms for addressing
of laws and violence against women and
policies girls set up and maintained
 Mechanism available and
operational for ongoing
monitoring of implementation
of policies and enforcement
of laws, and for publicizing of
reports
Source: PATH. Monitoring and Evaluation Module, Virtual Knowledge Centre to End
Violence against Women and Girls 2010.
Monitoring and evaluation should use multiple methods of data gathering to answer the
same question. This allows for triangulation of data, or comparison of results from
multiple sources. This in turn increases the validity of the result, or the likelihood that the
data collection has captured a real result.

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INDICATORS
MEASURE Evaluation, at the request of The United States Agency for International
Development and in collaboration with the Inter-agency Gender Working Group,
compiled a set of indicators for the justice sector. The indicators have been
designed to measure programme performance and achievement at the community,
regional and national levels using quantitative methods. Note, that while many of the
indicators have been used in the field, they have not necessarily been tested in
multiple settings. To review the indicators comprehensively, including their
definitions; the tool that should be used and instructions on how to go about it, see
the publication Violence Against Women and Girls: A Compendium of
Monitoring and Evaluation Indicators.
The compiled indicators for the justice sector are:
 Proportion of law enforcement units following a nationally established

protocol for complaints of violence against women and girls (VAW/G)
What It Measures: This indicator measures the number of law enforcement units that
handle VAW/G complaints using a protocol which is in compliance with nationally
established standards.
 Number of law enforcement professionals trained to respond to incidents of

VAW/G according to an established protocol
What It Measures: This output indicator tracks the number of law enforcement
professionals trained to respond to VAW/G incidents using an established protocol.
 Number of VAW/G complaints reported to the police
What It Measures: This indicator measures how many VAW/G complaints were
made to and recorded by the police during a specified time period.
 Proportion of VAW/G cases that were investigated by the police
What It Measures: This indicator measures the proportion of VAW/G cases that
were followed up with a police investigation, during a specified time period.
 Proportion of VAW/G cases that were prosecuted by law
What It Measures: This indicator measures the effectiveness of the legal system by
tracking the proportion of reported VAW/G cases that were prosecuted.
 Proportion of prosecuted VAW/G cases that resulted in a conviction

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What It Measures: This indicator measures the effectiveness of the legal system by
tracking the proportion of reported VAW/G cases that were both prosecuted and
resulted in an actual conviction.
 Proportion of women who know of a local organization that provides legal aid
to VAW/G survivors
What It Measures: This indicator measures the proportion of women who are aware
of an organization that provides legal support to VAW/G survivors. Women may not
need to know the specific organization, but should know enough about it to be able
to access services if needed.
In addition to the previously noted internationally comparable indicators being

developed to monitor States‘ responses to violence against women, other illustrative
indicators include:
 The Report on Indicators on Violence against Women and State
Response by the United Nations Special Rapporteur on violence against
women, its causes and consequences, (A/HRC/7/6, 29 January 2008)
outlines a set of indicators, guided by human rights standards included in
the Convention on the Elimination of All Forms of Discrimination against
Women and the Declaration on the Elimination of Violence against
Women.
 The Council of Europe’s Monitoring Framework (p. 47) that was

established to assess the Implementation of and Follow-up to
Recommendation Rec(2002)5 of the Committee of Ministers to Member
States on the Protection of Women against Violence (EG-S-MV).
Baseline Studies
What is a baseline study?
The purpose of a baseline study is to provide an information base against which to
monitor and assess an activity‘s progress and effectiveness during implementation and
after the activity is completed. Sometimes the data needed for a baseline, against which
to measure the degree and quality of change during an activity‘s implementation, will
already exist. In such cases the only task is to collate the data and ensure that it can be
updated in the longer term. So it is important to find out what information is already
available. But more commonly, there will not be any existing data, or it will be
incomplete or of poor quality, or it will need to be supplemented or broken out into
categories that are relevant for the project being implemented.
When planning a baseline study, the implementing organization needs to determine

both what change needs to be assessed and what sort of comparison(s) will need to be

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made as part of that assessment of change. There are two common ways to measure
change:
 ‗with and without‘ activity – this seeks to mimic the use of an experimental
control, and compares change in the activity location to change in a similar
location where the activity has not been implemented, and
 ‗before and after‘ activity – this measures change over time in the activity location
alone.
The study should be closely linked with the activity monitoring plan so that the data
collected can be replicated if necessary during ongoing activity monitoring, for any mid-
term review, when the activity is being assessed for the activity completion report and
for any subsequent evaluations. Baseline data should provide the minimum information
required to assess the quality of the activity implementation and measure the
development results.
Ethics and Baseline Studies Related to Violence Against Women

Before conducting baseline research, it is important to be aware of any national
guidelines on research that involves human subjects. Some organizations, such as
universities, will have specific approval processes for any research that involves
gathering data from human subjects. But even private organizations should ensure that
they are aware of any national standards and that they incorporate ethical
considerations into their methodology. Most countries have formal (legal) guidelines
covering research and those engaging in research have the responsibility to check if
their specific study has to go through a review/approval process. The United States
posts the federal guidelines on ethical research practices related to human subjects
online.
Methods for Baseline Studies

Many research methods can be used in baseline studies, including those described
above in the programme planning section such as surveys, interviews, or focus groups.
Visual items, including photographs, maps and diagrams, are important pieces of data
and are often underused in a baseline study. It is often necessary to be creative and
innovative about the data sources used. Of central importance in choosing a research
method is the reliability of the data ultimately collected, meaning that if someone else
used the same methods and repeated the data collection they would get the same
results. Combining data collection methods is a recommended practice.
Adapted from: Australian Agency for International Development, Baseline Studies

(2005).
NGOs conduct Baseline Studies of VAW in Asia

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The International Women‘s Rights Action Watch (IWRAW) Asia Pacific has assisted
several organizations to conduct baseline studies of violence against women in Asia,
including in Bangladesh, India and Nepal. The Bangladesh Baseline Study established
baseline information about the prevalence of several forms of violence including family
violence, rape and sexual violence, murder/suicide, acid assault, community violence
(resulting from community decisions to punish a fellow community member), and
custodial violence (violence against persons in state custody). The Bangladesh study
used a partnership approach, creating a coalition of non-governmental organizations to
carry out the research, and based their work solely on secondary sources of data. The
study authors noted the difficulty of comparing information from different sources and of
relying on media reports in many instances. The report also describes the basic laws
that apply in cases of violence against women, as well as criminal justice system
responses to the problem.
In India, the Association for Advocacy and Legal Initiatives conducted a baseline study
specifically focused on the Rights of Women in Relation to Marriage. The group
organized forums for an array of civil society groups from two Indian states and asked
them to bring case studies and data related to violence against women, specifically
forced and child marriage. As a part of this process, major gaps in state data collection
on violence against women as well as civil society minimization of certain types of
violence, such as domestic violence, were revealed. The final baseline report examined
data, the legal rights of women, and the state response through three phases – entry
into marriage, during marriage, and dissolution of marriage. The report describes the
basic laws that apply in cases of violence against women, as well as criminal justice
system responses to the problem, and used case studies to highlight key findings.
Source: IWRAW-Asia Pacific.
The specific baseline data collected will depend on the goals of the programme to be
implemented. Baseline studies of the formal justice sector and violence against women
should consider gathering data about:
 Prevalence of violence against women and girls, including prevalence of specific
types of violence in the target community
 Characteristics of women and girls experiencing the highest rates of violence
 Characteristics of perpetrators engaging in violent behaviour
 Attitudes of key stakeholders about causes and consequences of violence
 Attitudes of key stakeholders about remedies for violence against women and
girls
 Number of cases of violence against women moving through the formal system,
including complaints and cases investigated, charged, or filed but not pursued
 Judges, prosecutors, and other court staff‘s knowledge of women‘ human rights
principles and obligations
 Description of the typical handling of a case of violence against women and the
basic legal framework:

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o Courts: Specifically court system responses including court administrator

and staff Responses, training programmes, data collection and
communication, court infrastructure and safe spaces, judicial response
during interactions with victims and perpetrators, staff supervisor
responses and judicial activism and involvement in the community related
to violence against women. Click here for examples of specific indicators.
o Prosecutors: How do prosecutors use risk assessments, interact with the
victim and her family, deal with victim non-cooperation, use no-contact
provision, restraining orders, and trial motions to protect the integrity of the
case? Do prosecutors use vertical prosecution, screen cases effectively,
safety-plan with the victim, carefully evaluate bail decisions, maintain
regular contact with the victims and keep her informed of progress and
case status? When evaluating a prosecutor‘s successful disposition of
cases, data collection should include evaluations of victim safety and
recovery in evaluations of prosecutions, not just conviction or plea rates,
re-offense rates, or rates of victim participation. Click here for other
examples of other types of data that could be collected about prosecutors.
o Civil justice system: Partnerships with local victim service providers,
availability of legal assistance, specially trained attorneys, and
coordination with criminal justice system. Click here for examples of
specific indicators related to the civil justice system.
 Special measures in place for case of violence against girls
 Description of the interaction between the formal and informal system
 Description of availability, quality and costs of legal and advocacy services for
survivors
 Description of availability, quality and costs of other services for survivors,
including shelter, accompaniment and social support, or financial support
Namibia – Research on Rape Case Withdrawal
The Legal Assistance Center in Namibia carries out rigorous research in support of
justice system reform advocacy. The group found in a 2006 largely quantitative study
that complaint withdrawal was the single most significant reason that rape complaints
failed to move through the criminal justice system. That finding led the group to conduct
a second research study in 2008 focused on the rationale behind rape case
withdrawals. The second study used qualitative methods, including focus groups, key
informant interviews and community member interviews. In order to safeguard the
security and privacy of rape victims, much of the information in the research study came
from community and service provider perceptions, although survivors were invited to
participate and some did decide to come forward. The researchers also conducted a
literature review of other studies on rape withdrawal to help them contextualize and
compare their results. The group documented the 10 most common reasons that
women withdraw rape complaints in Namibia: the woman received compensation, the
woman was pressured by her family to withdraw the case, the woman feels ashamed
that she was raped, the rapist physically threatened the woman to withdraw her case,
the timetable for the prosecution of a rape case is too long, the woman feels that she

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has insufficient evidence to win her case, the woman lacks the necessary information,
the rapist occupies a position of status in the community, the woman was bribed to
withdraw her case and the woman is in a position of financial distress.
Source: Legal Assistance Center. 2008. Withdrawn: Why complainants withdraw rape
cases in Namibia.
Monitoring
Monitoring progress of programmes in the informal sector builds on the baseline
data collection. Monitoring focuses on gathering data to assess the following
(UNDP, 2009):
 Progress towards outcomes
 Factors contributing to or impeding achievement of the outcomes
 Partnership strategy
 Engagement of survivors in programme work
 Project sustainability
 Lessons being learned and documentation of knowledge for wider sharing.
Effective monitoring develops a foundation for programme evaluation. Monitoring data

and reports should be made available for use in the programme evaluation.
Monitoring can be relatively easy to integrate into programming and can take simple
forms. Monitoring can include, for example, meeting notes and activity reports to
records the processes that are used to implement the programme as well as challenges
and unexpected results or events, such as political changes, abrupt changes in
stakeholder perceptions or partnership functioning.
 Sample forms to monitor meetings and report on activities can be found in

Mobilising Communities to Prevent Domestic Violence: A Resource
Guide for Organisations in East and Southern Africa, pp. 245-47 (Raising
Voices, 2003). Available in English.
Monitoring can also include regular observation of processes to ensure that they are
consistent with original plans and protocols. This might include developing a system of
performance indicators. Performance measurement helps identify opportunities for
improvement in an organization‘s approach to achieving social impact, and it can inform
day-to-day and longer-term decision making. Monitoring may also include repeated
collection of data that was gathered in the baseline study.
 Building a Performance Measurement System: A How to Guide (Root

Cause, 2009). Available in English.
 Canadian Observatory on the Justice System Response to Intimate Partner

Violence (2011). This website provides tolls and research from a consortium
of Canadian organizations that are working to monitor and evaluate

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programmes focused on justice sector reform and domestic violence.

Available in English and French.
USAID Performance Monitoring Indicators
The Women‘s Legal Rights Initiative used the following indicators related to the justice
sector, gathered on a quarterly basis to monitor its programme in Albania, Benin,
Guatemala, Madagascar, Rwanda, and southern Africa.
 Percent of violations of women‘s legal rights (such as domestic violence, rape,
trafficking) reported to police or prosecutors that are presented in court
 Number of legal professionals trained in women‘s human rights and international
human rights law
 Number of judicial decisions that cite international human rights law
 Number of mechanisms available for improving legal redress, e.g. women‘s bar
associations, specialized courts, family courts, women in the justice system
 Number of legal professionals using project-sponsored publications on women‘s
legal rights
Importantly, although U.S. Agency for International Development (USAID) intended to
gather data on each of these indicators in the countries where its programmes
operated, it was unable to access useful data on these indicators in all countries. This
highlights the challenges associated with monitoring of violence against women and the
need for creative methods for data collection, such as media monitoring and more
qualitative methods.
Source: U.S. Agency for International Development. 2007. Practical Guide and
Methods to Advance Women's Legal Rights: Final Report of Women's Legal
Rights Initiative, Annex A.
Depending on the length of the project, it may be important to gather data to compare to
the baseline information on a regular basis so as to monitor progress toward objectives.
Monitoring the Domestic Violence Law in India
The Lawyers Collective, a non-governmental organization in India has been monitoring

the implementation of the Protection of Women from Domestic Violence Act (PWDVA)
since its passage in 2005. Watch a video about the group‘s efforts to pass the PWDVA.
The group‘s Women‘s rights Initiative (LCWRI) used a two-pronged approach to gain an
understanding of the functioning of the agencies put in place to implement the PWDVA
(2005): (i) Primary data on the infrastructure put in place and the steps taken by the
state towards effective implementation of the Act was collected from the nodal
department of each state; (ii) In order to examine the manner in which the agencies are
functioning on the ground, LCWRI conducted selective state field visits to interview
various stakeholders. Data on infrastructure was collected from representatives of

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relevant state nodal departments at a meeting organized by LCWRI and the National
Commission for Women (NCW) on August 26, 2008, in New Delhi. At the meeting,
representatives completed a questionnaire providing details on:
(i) Protection Officers (POs): Number of appointments; work profile; work procedures:
supervision and accountability; administrative support provided by the nodal
department; problems faced by POs.
(ii) Service Providers (SPs): Number of appointments; organizational profile;

government funded or private, non-governmental organization.
(iii) Shelter Homes and Medical Facilities: Number registered; organizational profile of
these institutions.
(iv) Budget allocations made by the state government to implement the PWDVA (2005)
and the nature of awareness campaigns carried out.
(v) Steps taken by the State Legal Services Authority, State Commission for Women
and the Police Department to implement the PWDVA (2005).
In addition to completing the questionnaire, participants also made individual

presentations to share information on best practices, challenges and emerging trends in
implementation. States that were not present at the meeting were sent the
questionnaire by the NCW, which then returned the completed forms to LCWRI.
LCWRI also collaborated with local partners to gather data from 20 states. Fifteen of
these states were visited by LCWRI; in the remaining 5, field visits were carried out by
LCWRI‘s partners. A list of the 20 states follows; brackets indicate who conducted the
fieldwork. The above states were chosen for site visits on the following basis:
(i) States not included in the 1st M and E Report. (In addition, LCWRI re-visited the
states covered in the 1st M and E Report).
(ii) An attempt was made to ensure the widest geographic spread by including states
from each region.
(iii) States that have undertaken successful initiatives in implementation
(iv) States where LCWRI has local partners well-qualified to conduct field visits on
account of their experience in working with the PWDVA.
LCWRI also developed an interview template which was used to interview the following
stakeholders about their experience in implementing the PWDVA (2005):
(i) Heads of government departments (for example: Department of Women and Child
Development, Department of Social Welfare).

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(ii) Protection Officers (POs): Focus on their educational qualifications, work experience
and pre- and post-litigation roles. For each state, a minimum of one and maximum of 10
POs were interviewed. POs were chosen on the basis of their geographical proximity to
the areas visited by LCWRI and its partners and, therefore, the sample has an urban
bias.
(iii) Service Providers (SPs): Focus on their organizational profile and pre- and post-
litigation roles. SPs were chosen on the basis of their geographical proximity to the
areas visited by LCWRI and its partners and, therefore, the sample has an urban bias.
(iv) Shelter Homes and Medical Facilities.
(v) State Women‘s Commissions and State Legal Services Authorities: Focus on their
role in the implementation of the PWDVA (2005).
(vi) Women‘s organizations, civil society organizations, non-governmental organizations

and legal practitioners: Focus on their experience of working with the PWDVA (2005).
LCWRI also collected relevant notifications, government circulars, government orders

and court orders to get a comprehensive picture of the status of implementation.
Importantly, LCWRI also reported the limitations inherent in its data gathering efforts.
Their monitoring report noted the problems they had encountered in during the
monitoring process, the limitations of the sampling methods they used, and the types of
data that were missing from the analysis. This reporting of limitations is critical to
enhancing the credibility of a report.
Source: Lawyers Collective. 2008. Staying Alive - Second Monitoring and Evaluation
Report 2008 on the Protection of Women from Domestic Violence Act 2005, pp. 8-10.
Evaluation
In general, an effective programme evaluation will do much more than simply fulfill grant
requirements. Evaluation should shed light on the process of implementing the
programme as well as the impact that the programme had on participants and
beneficiaries. Evaluation can:
 Support programme improvements so as to enhance outcomes for women and

girls
 Document programme knowledge for dissemination and applicability in other
contexts – how can others learn from programme experiences and apply models
to local problems?
 Support accountability – were resources expended in the manner planned and
did the resources contribute to achieving programme goals? Why or why not?
 Provide information on results for donors and other audiences

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The United Nations Development Programme Handbook on Planning, Monitoring and

Evaluating for Development Results includes a detailed description of general
considerations when creating an evaluation methodology.
Evaluation draws on the data gathered during the monitoring process and will collect
final data related to many of the same indicators. As described above, evaluation can
compare ―with and without‖ activity in different locations or ―before and after‖ measures
in the same location. It is critical to discuss evaluation planning with experts from other
organizations, from universities, or with donor technical assistance groups in the
planning stages of the programme so that evaluation can be seamlessly integrated into
programme activities (OECD/World Bank, 2004).
Data collection methods in evaluations are varied and can include many of the models
discussed in the programme planning and design section:
 Key-informant interviews
 Focus group discussions
 Community group interviews
 Observation
 Surveys
 Stakeholder analysis
For an overview of the pros and cons of each of these methods for gender equitable
evaluation, see the UN Women website.
Kenya – Evaluation of Trainings on Sexual Offences Act
The Kenya Women Judges Association (KWJA) conducted an evaluation of its local
trainings for stakeholders, known as Court Users, on the Sexual Offences Act and
Children Act. The evaluation used a relatively simple, post-hoc model. Training
participants from six districts were brought together for a workshop to discuss how they
felt that the training had helped or not helped in their work on the ground. The
evaluation workshop consisted of a survey administered to participants as well as group
discussions about how the trainings had impacted practice. Nevertheless the evaluation
provided valuable information to KWJA about its work. The evaluation survey
administered to training participants included the following questions:
Name:
1. Please indicate if you are a participant, observer or any other?
2. If participant, please state your occupation. For example, Hon. Magistrate, Lawyer,
Medical Practitioner, Prosecutor, Investigator, Police officer, Chief, Gender Officer,
Probation officer, Children officer.
3. Please state your station of operation, department and rank.

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4. How were you recruited to come to attend the training to be a

participant/observer/other?
5. Before attending this workshop, were you aware of the Sexual Offences Act
(hereinafter referred to as the Act)?
a. I was very much aware of it
b. I had heard about it
c. I had never heard about it
6. Had you read the Act before attending the Court Users Committee meetings?
a. Yes
b. Partially
c. No
7. How has this knowledge enhanced your understanding of the Act?
8. How prevalent is Sexual Gender Based Violence in your area of operation
9. How many cases/incidences were reported to you and what has been the outcome?
10. What challenges, if any, did you encounter in your area of operation and how has
the training assist in overcoming these challenges? Please explain.
11. How helpful has the training assisted you in overcoming the challenges faced?
a. Extremely helpful
b. Helpful
c. Not quite helpful
d. Not helpful at all
12. Please explain your reason(s) for the above answer.
13. To what extent has your knowledge in the subject of the Sexual Offences Act and
Sexual Gender Based Violence improved and increased as a result of the training?
14. To what extent has the training helped to enhance your appreciation and
understanding of your job as a whole on the Sexual Offences Act and Sexual
Gender Based Violence?
15. How has the training enhanced your expertise and skills in handling Sexual Gender
Based Violence cases?
16. Has the Court Users Committee enhanced the coordination of the stakeholders in
dealing with Sexual Gender Based Violence cases?
17. Do you think the Court Users Committee is a good tool in handling Sexual Gender
Based Violence cases?

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a. Yes
b. No
18. Please explain your reason(s) for the above answer.
19. What were the positive outcomes, if any, in the application of the knowledge,
expertise and skills acquired during the training on the Sexual Offences Act and
Sexual Gender Based Violence? Please explain.
20. If you have handled a case either as a Hon. Magistrate, Lawyer, Medical
Practitioner, Prosecutor, Investigator, Police officer, Chief, Gender Officer,
Probation officer, Children officer, will you share it with KWJA.
a. If yes, forward to this address: [text omitted]
b. If no, please give reasons
21. Did you find the following factors adequate?

a. Facilitators a) Yes b) No
b. Venue a) Yes b) No
c. Interactions a) Yes b) No
d. The materials used a) Yes b) No
e. The approach used during the training a) Yes b) No
22. If not, kindly give your reason(s) below.
23. Please give us your comments on how these programmes can be improved in future
24. Before these trainings, had you ever heard of Kenya Women Judges Association?
a. Yes
b. No
25. Any additional comments.
The evaluation team then compiled data from these questions into charts. You can
review the findings from the KWJA evaluation in the group‘s Assessment Report. Also,
the feedback discussions provided important insight into what participants valued about
the trainings and how they were using the information. The table below provides
information from discussions in each of the areas where trainings were held:
Station Feedback
Molo  There was coordination, networking and interaction with other
stakeholders.
 There was also better evidence gathering and preservation,
better knowledge of SOA and SGBV cases.
Maralal  They have appreciated challenges of other court users
 Enhanced tactics of solving cases
 Better skills in soliciting information from those affected and

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Station Feedback
better counseling of spouses and children on their rights.
 They respond better to these cases because they have the
statutes.
Naivasha  They have now introduced Gender Desks and have trained
officers to run them.
 They handled sexual offences separately and promptly. Victims
give evidence during Plea day.
 Children are being put in different cells from adults.
 Chiefs and administrators are more efficient.
 Police are more informed. Evidence is better preserved.
 They can counsel victims and take them to safe-houses.
 There are better investigations.
Narok  More awareness from grassroots level and better skills
 More cases being reported and less cover-up
 More collaboration among stakeholders
 More awareness of victims rights
 Better skills in gathering and preservation of evidence for
example DNA
 More awareness of severity of punishment hence deterrence
 Imposition of strict bail terms and improved information flow
among stakeholders
 Priority of trial in order to preserve evidence and discourage out
of court settlement
Nakuru  Better placed to advice parents and victims about preservation of
evidence.
 Awareness in handling the cases as to channels to be followed
and the legal requirements involved in those offences
Nyahururu  Conscious of the special needs of the victims
 Further knowledge on how to handle SOA forensic evidence
 Shared expertise and enhancement of the knowledge of law.
 Networking with other stakeholders.
 Identification of loopholes in cases.
 Impart knowledge in the approach of victims
 Improved supervision of people/suspect on bond
 Balanced media reporting not to prejudice the case before
conclusion
 Empowered commanders to train their juniors to be better
investigate and prosecute SGBV cases
Source: Interview with KWJA Staff, Nairobi, March 2011; Kenya Women Judges
Asociation. 2010. Report on the Sexual Offences Act, Sexual Gender Based Violence
and Children‘s Act Training Assessment December 2010.
When choosing evaluation methods, consider the following:

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 Choose appropriate and relevant methods: Choose data gathering tools based
on their appropriateness for different kinds of initiatives. The most effective
methodologies are those that are flexible and adaptable, simple to administer,
designed to draw meaningful results, and are appropriate and relevant to the
intended use and users of the evaluation.
 Choose methods that are participatory: Participatory methodologies are those
that allow all the defined users/stakeholders to submit data and information.
Think about the intended respondents and their context when deciding which
methods to use. For instance, while online surveys are economical and time-
efficient, it is an inappropriate method if the intended respondents do not have
regular access to the internet. Make sure that the tools used are accessible to
the full range of respondents.
 Ensure collection of disaggregated data: This is basic to any gender/human
rights evaluation. All data gathered should identify the sex of the respondent and
other basic data about the respondents that may prove relevant to the evaluation,
including: age, ethnicity, nationality, marital status, occupation.
 Understand the constraints and challenges of informants: Evaluations should be
careful to draw out the experiences and input of female respondents/
stakeholders and those of other marginalized populations. Ensure that the
methods chosen do not impose any hidden barriers that make the participation of
these groups more difficult. For example, the choice of location, timing and
language used of the evaluator may all have a bearing of the capacity of
particular respondents to participate. Some groups may not be able to express
themselves freely because of social pressure or they may not be allowed to
speak or be represented in public meetings or community consultations. Women
may have less time at their disposal because of their reproductive and domestic
duties.
 Interrogate gender roles: The instruments used should address the gender
issues of the initiative or project, and must probe into broader gender issues. For
example, in assessing the impact of an ICT training initiative, it is not only
important to look into what the trainees have learned but also how they have
applied their knowledge in their work or organization. In order to assess this, it is
essential to probe into the gender roles within the trainees‘ organizations and
look at how they are able (or unable) to practice their newly-acquired skills.
 Be context and culturally sensitive: Group dynamics, subject matter, gender,
class, caste, age, race, language, culture, rural/urban issues, etc. greatly
influence how effectively and inclusively information is gathered. Evaluations
need to be undertaken in a culturally sensitive fashion in order for there to be a
full understanding of human rights and gender equality implications. Cultures
may be viewed as contextual environments for the implementation of human
rights policies. Nevertheless, a human rights perspective affirms that the
rights of women and girls to freedom from discrimination and to the
highest standard of living are universal. Cultural claims cannot be invoked
to justify their violation.
 Emphasize mixed methods: Use multiple methods to help test, correct and
correlate messages and data from different sources of information. In all cases,

FORMAL SECTOR
methodologies should focus on evaluating both the product and the process:
what has been achieved so far, and the way it has been achieved as well as how
the methods keep evolving. Information on those two aspects reveals much
about the social processes at work in any society.
 To get a complete picture of the social transformation issues and gender issues
in a project or initiative requires more than numbers and statistics. Stories,
perceptions, observations and opinions are valuable. They give the human
dimension behind the statistics – a crucial part to understanding collected data.
 Gender Equality and Human Rights Responsive Evaluation (UN Women,

2010). Available in English. See also the UN Women online guide to gender
equality and human rights responsive evaluation in English, French and Spanish.
USA – Evaluation Survey of Domestic Violence Program
A final report of an evaluation survey conducted in the US state of Colorado

demonstrates how surveys, even of small numbers of people can help provide valuable
evaluation data relative to programme components. The Survey Analysis of the
Domestic Violence Case Monitor Position revealed the following:
 Representatives of all respondent groups reported that their practice has changed in
a positive way as a result of the DVCM position.
 All respondent groups rate the sustainability of the position as very important, with
many using the word ―essential.‖
 Judges, Probation Officers, and treatment providers all report positive change on
multiple elements since implementation of the position (DAs were not asked this
question; see DA section).
 While the survey asked respondents to consider the position, not an individual, there
was considerable support expressed for the person currently in the position from all
respondent groups. ―Misty Young must stay and grow old in this position.‖
 Judges are much more confident that offenders are being monitored appropriately.
 Judges find it more typical to have timely and adequate information at revocation
hearings than before the implementation of the position.
 Sustainability of the position is important to the Probation Department in terms of
enhanced communication and provision of effective supervision by the DVCM
resulting in fewer cases ending up with Probation.
 100% of the treatment provider respondents report a positive impact of the DVCM.
Two major areas were most frequently cited: Increased offender accountability;
Improved communication between the courts and treatment providers.
 91% of the treatment providers report that the position has had a positive impact on
their practice.
Source: Schwartz. 2006. Domestic Violence Case Monitor Position Survey Results.
An evaluation of a domestic violence case coordination programme in the U.S. state of

Maine used the following interview guide as part of its evaluation:

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Sample Evaluation of Domestic Violence Case Coordination Project
Final Post-Survey
Goals: To gather information and make recommendations about
A. The sharing of information regarding pending DV criminal and civil cases and orders
and the sharing of information among community partners;
B. The coordinated management of related DV criminal and civil cases and orders;
C. Systematic review of offenders‘ compliance with court orders and sentencing
judgments; and
D. Whether these practices and protocols are improving victim safety and offender
accountability.
Background
1. What is your role in this pilot project, and how long have you been involved in the
work you are doing?
Coordinated Community Response

2. How do you interact and share information with other partners involved with domestic
violence cases?
Information-sharing
3. Are you getting the information you need to make informed decisions or provide
services that ensure victim safety and/or offender accountability? If not, what additional
information would you like to have?
Effectiveness of protocols
4A. Have the protocols in this pilot project (e.g. providing related DV case information,
relationships developed in the advisory committee meetings, judicial review hearings
presided over by the same judge, participation of probation and BIPs at JR hearings,
etc.) made a difference in your ability to serve/respond to/make decisions regarding
victims and offenders in DV cases?
4B. Have they made a difference in terms of victim safety and/or offender
accountability?
4C. Can you provide specific examples of the positive impact of the protocols?
Impact of Training
5. Did you attend the January 20 training with the Vera Institute? If so, did you
implement or did you observe any changes in practices or protocols after the training?
What do you believe or what have you observed to be the impact of those changes, if
any?
Suggestions for Improvement

6. Is there room for (further) improvement in what your court is doing with its domestic
violence docket? If so, what kind of changes would you recommend?

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Key Practices and Protocols

7. What do you believe are the most important protocols or practices for other Maine
courts to consider in developing their own DV docket? (Refer to ―Draft Uniform
Protocols‖ document as time allows, focusing on sections appropriate to the
stakeholders. An alternative is to provide/e-mail the uniform protocols and ask them to
e-mail comments.)
Unintended Consequences
8. Have there been any unintended consequences, positive or negative, of the domestic
violence docket or of any of the protocols implemented as part of the pilot project?
Additional tools on monitoring and evaluation:
 A Compendium of Monitoring and Evaluation Indicators (MEASURE

Evaluation, 2008). Available in English.
 Researching Violence Against Women: A Practical Guide, (PATH/WHO

 Rule of Law Tools for Post-Conflict States - Monitoring Legal Systems

(Office of the High Commissioner for Human Rights, 2006). Available in
English.
 The Comprehensive Assessment Protocol: A Systemwide Review of

Adult and Juvenile Sex Offender Management Strategies. (Center for Sex
Offender Management, 2011). Contains a series of questions to assess
prosecutorial practices in sex offender cases. Available in English.
 Women‘s Initiatives for Gender Justice has released four Gender Report
Cards evaluating the effectiveness of the ICC‘s implementation of gender
justice principles. Read the 2009 Gender Report Card in English.
Illustrative monitoring and evaluation reports in the justice sector:

 Different Systems, Similar Outcomes? Tracking Attrition in Reported
Rape Cases in 11 European Countries (Lovett and Kelly, 2009).
 Responding to sexual violence: Attrition in the New Zealand Criminal
Justice System (Triggs and Mossman, Jordan and Kingi, 2009). Available in
English.
 Implementation of the Bulgarian Law on Protection against Domestic
Violence (The Bulgarian Gender Research Foundation and the Advocates for
Human Rights, 2008). Available in English.

FORMAL SECTOR
 Judicial System Monitoring Programme (Women‘s Justice Unit, Timor-

Leste). Reports are available in English, Bhasa and Portuguese.
 Tracking Rape Case Attrition in Gauteng: The Police Investigation Stage
(Sigsworth, Vetten, Jewkes and Christofides/The Centre for the Study of
Violence and Reconciliation, 2009). Available in English.
 Tracking Justice: The Attrition of Rape Cases through the Criminal
Justice System in Guateng (Sigsworth, Vetten, Jewkes, Loots, Dunseith
and Christofides/The Centre for the Study of Violence and Reconciliation,

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Informal Justice Sector
INFORMAL SECTOR: MAIN STRATEGIES

Informal mechanisms pose many risks to women and girl victims of violence. However,
advocates are working around the world to make these mechanisms more responsive to
women and girls. There are several recognized modes of informal justice sector reform
that have been tried alone and in combination, in various contexts. For more information
see the Guiding Principles section.
 Reform Laws and Regulate

 Innovate and Provide Alternatives
 Abolition
 Build Capacity
 Human Rights and Gender Training
 Raise Public Awareness
 Monitor Human Rights Practices
Reform Laws and Regulate

Ideally, informal justice mechanisms should be established that effectively respond to
violence against women and girls. At a minimum, state laws should ensure that the
informal justice sector complies with international human rights standards on the rights
of women and girls. In many countries, informal justice mechanisms are recognized by
law or in the constitution, but this recognition should specifically be contingent on
judgments and practices not conflicting with fundamental human rights or non-
discriminatory laws. For example, Kenya‘s Judicature Act recognizes customary law in
―civil cases in which one or more of the parties is subject to it or affected by it, so far as
it is applicable and is not repugnant to justice and morality or inconsistent with
any written law….‖ (emphasis added). Also, national governments often enact
regulations that put constraints on how informal systems operate or that limit their
jurisdiction. Litigating cases of human rights violations by informal mechanisms can be
another way of ensuring that informal systems comply with human rights standards.
For more on Law Reform see that section in Programme Implementation.
Innovate and Provide Alternatives

In areas where the state is absent or has less legitimacy, many communities create
their own mechanisms for justice delivery. However, for any justice mechanism which
deals with violence against women, stopping the violence, protecting victim safety, and
ensuring offender accountability must always be the top priorities. Informal justice
mechanisms must be carefully scrutinized because they may be based upon traditional
or religious beliefs that are resistant to the rights of women. Or, they may not include

INFORMAL SECTOR
provisions for sanctioning violence against women due to a belief that such violence is a
private matter (UN Women, 2011). Many people use existing informal mechanisms
because they have important cultural or traditional components; yet these same
traditional components may be based on discriminatory views, such as interpretations of
religious or ethnic identity that discriminate against women, or they may perpetuate
discrimination through over-riding goals of social harmony (UN Women, 2011).
Innovating within these mechanisms to retain critical cultural components while also
establishing new components that respect and promote women‘s rights can provide
important gains, especially if women community leaders and local justice providers
receive training on legal empowerment. If advocates such as paralegals support
dialogue with justice providers and support women who wish to contest discriminatory
laws and practice, progress can occur (UN Women 2011).
For more on Innovation and Providing Alternatives see that section in Programme
Implementation.
Abolition
In many countries, the approach to informal justice mechanisms for the past several
decades has been to outlaw certain mechanisms. All decisions to abolish informal
justice mechanisms should be based upon whether the rights of women and girls are
upheld by that mechanism. However, abolition without viable alternatives for women
may be problematic and unrealistic.
For more on Abolition see that section in Programme Implementation.
Develop Capacity
Capacity development is the process of increasing skills, resources, and knowledge to
enable programmes to be more effective. Promoting women‘s rights in the informal
justice sector and ensuring an end to impunity for violence against women is a complex
and difficult process. Cases of violence against women and girls should, in fact, be
effectively addressed in the formal justice sector.
In many countries, new linkages between the formal and informal sector and women‘s
advocacy groups are being formed to enhance capacities. These new collaborative
mechanisms may provide women with more of the benefits of both systems and can
provide openings for training on human rights in both sectors.
For additional information, see the Capacity Development section in Programme

Implementation.

INFORMAL SECTOR
Human Rights and Gender Training

Training is a critically important component of capacity development. But training also
often must be coupled with other forms of capacity development. For example, informal
practitioners in many settings have recognized the value of being able to provide victims
and offenders with information about the remedies available in the formal legal system
because it will more likely promote victim safety and offender accountability. However,
legal literacy and general literacy both may be at low levels among informal
practitioners. Providing basic literacy training to informal practitioners, along with
providing them simple versions of formal laws related to violence against women can be
an important capacity development process that has a positive impact on women‘s
safety, especially when compliance with laws on violence against women is enforced by
all those in positions of power, whether in the formal or informal system
For more on Training see that section in Programme Implementation.
Raise Public Awareness

Raising public awareness involves creating a specific messaging campaign about a
particular issue. Awareness-raising can be an important part of developing community
support for changes in the informal justice sector; it has been shown to change
knowledge and attitudes about violence against women. Campaigns should focus on
tangible issues that are most relevant to the lives of community members, and should
help women and other community members better understand their rights or an action
that they can take to claim their rights. Public awareness campaigns should prioritize
the message that women have the right to be free from violence in all its forms.
Messaging campaigns should be clear and simple, associated with a campaign logo or
a consistent image, sustained over time, and should form part of a larger coordinated
strategy. Awareness campaigns may include events, poster campaigns, websites,
documentaries, newspaper articles, radio, TV, or theatre programmes – creative,
innovative ways of sharing information with the community can increase the success of
awareness raising efforts.
For more on Awareness Raising see that section in Programme Implementation. See
also the full module on developing campaigns.
Monitor Human Rights Practices

Human rights monitoring involves gathering relevant information about how the activities
of informal justice systems comply or do not comply with internationally recognized
human rights standards. Relevant information might include personal experiences of
women who access the informal system, data regarding case outcomes or number and
types of practitioners, observations, news reports, photographs, or interviews. A critical

INFORMAL SECTOR
part of monitoring is taking the information that has been gathered and creating a
synthesis that can be used and understood by stakeholders and advocates in their
work. Often this synthesis is a written report, which forms the basis of discussions about
how to continually improve human rights compliance.
See the monitoring section for more information about developing a human rights
monitoring programme focused on violence against women.
INFORMAL SECTOR: CHALLENGES
 Incorrect assumptions about the informal sector

 Inconsistent norms and procedures
 Lack of data
 Logistical challenges
 Political nature of reform projects
 Governments shifting responsibility to non-governmental organizations, voluntary
sector
Incorrect assumptions about the informal sector

Programmes designed to engage with the informal justice sector are at particular risk of
perpetuating assumptions that may not be based on facts. For example, it is often
assumed that informal systems are quicker, cheaper, and more accessible. This is not
always the case. Users of informal mechanisms may simply assume that they have no
other choice. It is important to note that informal mechanisms often pose great danger
to women and girl victims of violence.
Also, justice reform advocates and users of informal justice mechanisms may assume
that they are more traditional or more grounded in culture than other mechanisms. This
assumption can perpetuate harmful practices based on myths as opposed to facts.
Informal justice mechanisms are diverse. A blanket assumption that users choose these
systems because they are cheaper or quicker may miss other important reasons that
people use these systems. While some mechanisms may provide an option for a
community that is cheaper and quicker, others may actually be just as costly for users
as the formal system and may take just as much time to reach a resolution. A
preference for informal justice mechanisms may reflect women‘s sense that they have
no other options. If the goal of a programme is to change the way people use justice
mechanisms or make another mechanism more accessible, it is important not to
assume that cost or time is the overriding consideration.
Thinking of informal mechanisms as traditional or based in longstanding cultural

frameworks (and are therefore preferable) is an assumption that is also made by users
and practitioners. This may be true for some informal mechanisms, but often, informal
mechanisms that are practiced by a particular religious or ethnic community have in fact

INFORMAL SECTOR
changed substantially over time and may operate very differently from a mechanism
that operated in the past. It is important for programme planners to challenge these
assumptions, especially when they are used to perpetuate practices that violate
women‘s human right to be free from violence. Practitioners should be prepared for
long-term engagement and look for emerging openings for change.
Inconsistent norms and procedures

It can be difficult to reform a system that operates inconsistently. When there are clear
rules and procedures for how a justice mechanism deals with a problem, often one can
quickly identify which part of the system could be changed so as to improve outcomes
for women and girls. Some informal systems operate with clear procedures and
normative frameworks, but other informal systems handle similar cases in different
ways, the rules of procedure may change depending on who is in charge, and the
normative framework can change relatively quickly.
These characteristics can make programming challenging, because it has also been
shown that forcing an informal mechanism to act in a more consistent manner may not
be a helpful reform strategy. Practitioners around the world have found that working with
these characteristics, instead of against them can lead to more effective programming.
However, women and girl victims of violence must consistently be kept safe and
perpetrators must consistently be subject to sanctions in order for the informal justice
sector to be meeting its obligation to uphold the human rights of women and girls.
Lack of data
Data regarding the informal justice system is particularly important in view of the known
risks it presents to victim safety and offender accountability. Informal justice
mechanisms may not keep records of cases, parties, decisions, remedies, enforcement,
and etc. This lack of data can make it difficult to definitively establish how prevalent
problems of women‘s human rights violations may be, or even whether a problem exists
at all. Often, there is little data kept by any source about how the system operated in the
past, how it operates currently, and how it relates to the formal system. This lack of
information makes it challenging to educate funders and partners about the problems in
the informal system and makes programme evaluation more difficult for measuring
progress. This lack of data highlights the need for advocates to create their own
monitoring and assessment systems early on so as to provide an evidence-base for
their programmes.
Logistics

INFORMAL SECTOR
Logistical challenges can make work with informal mechanisms more expensive and
more time-consuming so programme planners should account for these potential
difficulties. Informal justice mechanisms often provide access to justice in areas or
during time periods in which the formal justice system is absent. Developing
programmes related to justice reform may be difficult for the same reason that formal
justice mechanisms are absent – the area in which the informal mechanism operates is
difficult to access because of lack of infrastructure, challenging terrain, security issues,
or because state control over the area is not well established. Informal mechanisms
often are very localized and operate in communities with specific language and cultural
characteristics. Unless community members or community-based organizations are
directing the reform efforts, translation expenses and cultural training must be
accounted for in programme planning.
Political nature of reform projects

For many reasons, reform of the justice sector around violence against women can
become highly politicized. Access to justice is a form of power, and changing the ways
in which women can access justice can be perceived as changing the power dynamics
between men and women in a given community. Changing the way in which informal
mechanisms operate may also be viewed as undermining solidarity in a community and
thus changing power dynamics vis à vis state structures or other communities.
Example: in Zimbabwe civil society groups found that simply using the term ―human
rights‖ was perceived as an expression of support for one political party. As a result,
workshops had to focus on ―leadership‖ and ―dignity‖ instead of human rights.
Especially in communities that self-identify as a minority or indigenous groups, there

can be tension between promotion of the rights of women as individuals and the
perceived value of certain justice practices to group harmony and unity. However, all
justice systems should always promote women and girls‘ right to be free from violence.
Also, changing norms around violence against women can negatively impact on the
livelihoods of some community members. This is often seen when practices that are
harmful to women, such as FGM, are banned and traditional practitioners lose their
source of income and prestige in the community. This can never be an excuse to
continue the harmful practice but should be a factor to consider in strategic
development of an effective plan. Programme planners who are aware of these political
dynamics and account for them in their strategy development will achieve a larger
degree of success in promoting positive change. For example, former FGM practitioners
can be employed to publicize the harmful effects of FGM instead or be trained to earn
an alternative income.
Governments shifting responsibility to NGO, voluntary sector

INFORMAL SECTOR
Informal justice mechanisms, whether or not they are sanctioned or funded by the state,
can lead the state to abdicate its fundamental responsibility to ensure that women and
girls who have experienced violence can access justice. Programming in the informal
justice sector must not facilitate governments abdicating their responsibility to provide
justice to victims of violence.
All justice mechanisms, whether formal or informal, require ongoing training and forums
for communication between for decision-makers, input from women in the community,
resource investments in community education and awareness raising, and allocation of
resources for monitoring, infrastructure support.
INFORMAL SECTOR: IMPORTANT PROGRAMMING

CONSIDERATIONS
There are some important issues that programme planners will want to consider as they
design a justice reform programme focused on the informal sector:
 Addressing concerns about restorative justice and mediation
 Protecting women‘s safety in all aspects of programme work
 Considering Minority and indigenous peoples‘ rights
These programming considerations are also important issues in designing formal justice
programmes.
Restorative justice practices and mediation are dangerous in cases of violence against
women. Restorative practices can minimize the effect that violence has had in women‘s
lives, can perpetuate discrimination, and can compromise the safety of women and girls
in favor of harmony within a social group. Mediation is predicated on the assumption
that the parties have equal bargaining power, which often does not exist in cases of
violence against women and girls. For more information see the Guiding Principles
section.
Because many informal sector programmes contain elements of restorative justice or

mediation, it is important to continually refer back to the concerns about these methods
in cases of violence against women. These concerns should be specifically addressed
in programme design.
Protect women’s safety in all aspects of programme work

Women‘s safety must be the top priority in justice reform initiatives.
Protecting women’s safety also means ensuring safety for Women Human Rights
Defenders.

INFORMAL SECTOR
Working to reform the informal justice sector can be particularly dangerous for women‘s
advocates. Challenges related to the informal sector, including logistics, perceptions of
supernatural power, and the political nature of justice sector reform can lead to
increased risks. Especially for advocates working in isolated communities, challenging
the established order can lead to ostracism and an increased risk of violence. Women
human rights defenders are subject to specific types of violence, risks, and constraints
because of their work on gender issues. The following are types of violations that
women‘s human rights defenders often confront:
 Attacks on life, bodily and mental integrity
o Killing and attempted killing
o Disappearance
o Torture; cruel, inhumane, and degrading treatment
o Rape, sexual assault and abuse
o Domestic violence
o Excessive use of force
 Physical and psychological deprivation of liberty
o Arbitrary arrest and detention
o Administrative detention
o Kidnapping / abduction
o Psychiatric incarceration
 Attacks against personhood and reputations
o Threats, warnings, and ultimatums
o Psychological harassment
o Blackmail and extortion
o Sexual harassment
o Sexuality-baiting
o Slander, vilification, labeling, and smear campaigns
o Hate speech
o Stigmatization, segregation and ostracism
 Invasion of privacy and violations involving personal relationships
o Raids of offices or homes
o Attacks and intimidation of family and community members
 Legal provisions and practices restricting women‘s activism
o Restrictive use of customary law and legal frameworks based on religion
o Criminalization and prosecution
o Illegal investigation, interrogation, surveillance, and blacklisting
o Laws formulated against non-governmental organizations
o Sanctions in the workplace
 Violations of women‘s freedom of expression, association, and assembly
o Restrictions on freedom of association
o Restrictions on the right to receive funding
o Restrictions on freedom of expression
o Restrictions on access to information
o Restrictions on communication with international bodies
o Restrictions on freedom of assembly
 Gendered restrictions on freedom of movement

INFORMAL SECTOR
o Requirement of permission or denial to travel abroad

o Internal travel restrictions or obstruction
o Denial of visas for travel
o Deportation
 Non-recognition of violations and impunity
Documentation of violations perpetrated against women human rights defenders is an

important component of the work. When documenting violations against human rights
defenders, much of the same information should be gathered as in any human rights
documentation case, but information should be collected that makes a clear link
between the work on justice sector reform or other human rights violations and the
abuses that were perpetrated.
Source: Oxfam 2007.
 List of Materials and Resources for Women Human Rights Defenders

(AWID, 2010). Available in English.
 Claiming rights, Claiming Justice: A Guidebook on Women Human Rights

Defenders (Oxfam, 2007). Available in English, Spanish, French, Thai, Arabic.
There are many ways that women human rights defenders can enhance their safety and
hold perpetrators of violations accountable. Some of the most commonly used methods
include (Oxfam, 2007; Australian Agency for International Development, 2008):
 Using action alerts or urgent appeals. See FrontLine for examples of urgent
appeals on behalf of human rights defenders.
 Using awareness campaigns to spread the word about women HRDs under
threat
 Emergency support in the form of calls and faxes to authorities, funds for medical
or legal expenses, temporary relocation, etc. FrontLine hosts a 24-hour
emergency phone line for human rights defenders at risk.
 Participating in networks of advocates
 Building supportive activities into programming can help reduce burnout and
maintain safety.
 What’s the point of revolution if we can’t dance?, a guide to self-care for

women‘s rights advocates available in English, French, Spanish, Serbian, and
Dutch.
 Awards nominations or seeking leadership roles in human rights groups can

raise the profile for women HRDs who are under threat and change the cost
benefit analysis for those who seek to harm or silence them
 Seeking support from national human rights institutions. For more information
about working with national human rights institutions, see NHRI Forum.

INFORMAL SECTOR
Minority Rights and Indigenous Peoples’ Rights

Many programmes in the informal sector focus on access to justice for minority groups
or for indigenous peoples, both of whom may have been traditionally excluded from
formal justice mechanisms. Minority or indigenous women face additional barriers to
justice. Programmes in these communities must take account of the international
human rights frameworks specific to minorities and to indigenous peoples, as well as
international standards related to women‘s rights. The human rights of women, vital
to their safety and well-being, should take precedence over the right to preserve
certain customary justice or inheritance practices if the practices discriminate
against women.
Who are minorities?

Minorities include groups who (Capotorti, 1977; Deschênes, 1985):
 Are less in number to the rest of the population of a state;
 Are in a non-dominant position ;
 Reside in the state, being either nationals or a group with close long-standing ties
to the state;
 Possess ethnic, religious, or linguistic characteristics differing from those of the
rest of the population; and
 Show, if only implicitly, a sense of solidarity directed towards preserving their
distinctive collective identity.
Generally minority groups are recognized to include national, ethnic, cultural, linguistic,
and religious minorities, as well as some migrants, refugees, and indigenous and tribal
peoples. It is also important to consider that minorities are likely to be discriminated
against or marginalized, and they may develop increased group loyalty as a result of
discriminatory and marginalized relations with the state.\
Resources:
 See the United Nations Forum on Minority Issues.
 See additional information on minority issues from the United Nations.
Who are indigenous peoples?

Indigenous peoples are distinct from minorities, but share many of the same
characteristics in some contexts. It is important for the state to uphold the rights of
indigenous women which may be infringed upon by the collective rights of their
indigenous group. Indigenous peoples include (Makoloo, 2005):
 Tribal (and in some cases migratory) peoples in independent countries whose
social, cultural, and economic conditions distinguish them from other sections of
the national community, and whose status is regulated wholly or partially by their
own customs or traditions or by special laws or regulations; and

INFORMAL SECTOR
 Peoples in independent countries who are regarded as indigenous on account of

their descent from the populations which inhabited the country, or a geographical
region to which the country belongs, at the time of conquest or colonization or the
establishment of present state boundaries and who, irrespective of their legal
status, retain some or all of their own social, economic, cultural and political
institutions.
In addition to rights as individuals to non-discrimination and equal treatment, indigenous

peoples lay claim to collective or group rights, especially in relation to land, self-
determination, and retention of culture
What international and regional instruments frame the rights of minorities

and indigenous peoples?
 International Convention on the Elimination of All Forms of Racial Discrimination
 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious
or Linguistic Minorities
 ILO (169) Convention concerning Indigenous and Tribal Peoples in Independent
Countries
 Declaration on the Rights of Indigenous Peoples
 African Charter on Human and Peoples‘ Rights
 Council of Europe Resolution on Indigenous Peoples within the Framework of the
Development Cooperation of the Community and Members States
 Draft American Declaration on the Rights of Indigenous Peoples
What are key rights of minorities and indigenous peoples related to justice
sector reform and violence against women?
 Non-discrimination
 Special measures to protect identity and attain equality
 Self-determination
 Right to culture
 Right to language
 Right to development
 Participation and consultation
Women and girls‘ human right to be free from violence should always take precedence
over a community‘s right to preserve its culture.
Minority rights must not take precedence over the human rights of women and
girls. Concerns related to violence against women include:
 Minority rights recognition can be important in reducing state-imposed violence in
the lives of women in minority communities, but also can serve to entrench
patriarchal systems.
 Minority rights recognition can excuse the state from taking responsibility for the
protection of women and girls within its territory.

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 Group rights can be transformed into ―relational‖ rights for women, making their
access to justice exclusively dependent on relationships with males.
In many minority communities, state-sponsored violence is a constant reality. This often

is the case for racial, ethnic, linguistic, and religious minorities as well as for lesbian,
gay, bisexual, and transgender communities who confront homophobia. As a result,
formal justice systems, for which police are gatekeepers and in which the majority holds
power, may not present a safe path to justice for many minority women. At the same
time, women in community-based or indigenous justice systems may be re-victimized
by informal mechanisms that minimize violence against women. Creative strategies
and innovation are imperative, especially for women who may be members of
multiple minority groups. Strategies must maintain a focus on victim safety and
offender accountability.

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INFORMAL SECTOR: PROGRAMME IMPLEMENTATION

 Reform Laws and Regulate
 Innovate and Provide Alternatives
 Abolition
 Build Capacity
 Human Rights and Gender Training
 Raise Public Awareness
 Monitor Human Rights Practices
Reform Laws and Regulate

Any justice sector reform should ensure that there is a legal framework in place to
protect the human rights of women and girls. This framework should ensure that formal
and informal mechanisms alike comply with international human rights standards.
 Constitutional provisions or legislation that recognizes informal mechanisms

should make clear that any judgments or remedies that violate the human rights
of women and girls are invalid.
 Laws should ensure that women and girls always have the right to appeal
decisions from informal mechanisms in the formal courts.
 Conflicts between formal and customary laws should be resolved in a way that
respects women‘s and girls‘ human rights and principles of equality.
 Laws should clarify that use of an informal justice mechanism should never
preclude women and girls from seeking justice in the formal sector.
For an in-depth explanation of how to plan and implement an advocacy effort related to
legislation on violence against women, see the Legislation: Advocacy section. For
information about the content of effective laws, see the Legislation module.
Types of Reform and Regulation

Legal reform and regulation of the informal justice sector can take many forms:
 Including strategies for the informal sector in the development of national action
plans on violence against women and justice sector reform.
 Using constitutional reform processes as an entry point to encourage compliance
by informal mechanisms with human rights practices.
Example: Malawi‘s Constitution in Article 24(2) states that laws must be enacted to
eradicate customs and practices that discriminate against women.
 Clarifying links between the jurisdiction of informal systems and the formal
sector; specifically, what types of cases can be dealt with by the informal sector
and how cases or judgments in one sector relate to the other sectors.

INFORMAL SECTOR
Example: South Africa‘s 1998 Recognition of Customary Marriages Act guarantees the
same legal rights to women in customary or civil marriages if the marriage is registered.
 Enhancing legislative support for training and supervision of the informal sector.
 Drafting and enacting superseding legislation that addresses discriminatory
provisions in religious or customary laws and ensures that those provisions apply
to all people.
Examples:
In Tanzania, the Village Land Act provides for equal representation of women on village
adjudication committees and village land councils in order to address issues of gender
inequity in customary systems that allocate land rights.
In Uganda, the law also includes a provision that declares judgments of local land
committees null and void if they prevent women and children from inheriting and
reserves 25% of spots on local committees for women.
 Use of local laws to change practices of informal justice mechanisms and to push
reform at the national level.
Uganda – Local Council Courts apply Local By-Law on Domestic Violence
The Local Council Courts in Uganda began as village-level ―resistance‖ councils during
Uganda‘s civil war in the 1980s. They operated in areas where the state had lost control
and were composed of members elected by all adults in a particular village. The
resistance council would also act as a case resolution mechanism. After the regime
change in Uganda, resistance council courts were formally incorporated into law and
now are known as Local Council Courts. Despite the fact that domestic violence is a
serious concern in Uganda, with government studies showing the prevalence at 70%,
there was no law prohibiting domestic violence in Uganda until 2009.
The passage of the local by-law was in part the result of ground-up efforts. The
community of Kawempe, led by local non-governmental organization Centre for
Domestic Violence Prevention (CEDOVIP), had passed a local by-law prohibiting
domestic violence two years earlier. CEDOVIP had worked with parish-level councilors
to gain support for the by-law and had ultimately gained the support of all parish level
leaders. But when the advocacy efforts reached the Division level in 2006, councilors
used the proposed by-law as a political issue. Both sides used the proposed law for
their own political gain and misrepresented provisions of the law. As a result, the by-law
did not pass at the Division level on the first try. CEDOVIP decided to work one-on-one
with each member of the Division leadership. Over the next several months, CEDOVIP
and community members worked through individual meetings, community forums, and
meetings with police and local leaders, as well as text message and phone call

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advocacy to Division councilors. The local Domestic Violence By-Law was passed in
October 2007.
The law provides direction to the Local Council Courts – often the first place that women
seek justice – on how to deal with domestic violence cases. The by-law regulates the
way in which cases of domestic violence are to be conducted providing guidelines on
summoning suspects, conducting trials, and the number of people required for a
quorum for judgment. It also contains jurisdictional provisions requiring that criminal
matters be referred to the Police Family and Child Protection Units.
See the Legislation Module for information about the content of effective domestic
violence laws.
Sources: CEDOVIP. 2001. Kawempe Division passes first ever domestic violence by-
law in Uganda; Penal Reform International. 2000. Access to Justice in sub-Saharan
Africa: The role of traditional and informal justice systems, pp.49-50, 60-62.
Potential Pitfalls of Regulating the Informal Sector
 Regulations about the appointment of arbitrators in informal systems should be

carefully considered and can backfire. For instance, requiring appointment of
more women through regulation may erode the mechanism‘s ability to control the
men who come before it as accused persons, leaving women in a worse position
than previously. This problem can be addressed in some cases by appointing
only women elders to the decision-making bodies, or by carefully increasing the
participation of women over time, instead of through regulation with immediate
effect.
 State regulation of the informal sector can create dual layers of discrimination
against women (Balchin, 2010). States should carefully monitor the regulation of
the informal sector for unintended consequences.
More information about law reform is available in the section on the Formal Sector and
in the module on Developing Legislation.
Strategic Litigation
Constitutional and legal protections that obligate informal sector mechanisms to protect
fundamental rights are important because they provide an avenue whereby women and
girls can litigate the practices of the informal sector in the formal courts. Strategic
litigation is discussed in detail elsewhere in this module. The following cases provide
examples of litigation that has led to changes in informal justice practices. The cases
below deal with property and inheritance rights. Inheritance upon the death of a male
family member often is a trigger for violence in the form of maltreatment of widows or

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other kinds of violence to force women to vacate property. Loss of property also leaves
women vulnerable to violence because they cannot access their own means of support
without property and other inheritance.
 Bhe v. Magistrate (South Africa 2004)
The Bhe judgment consolidated three related cases in which women or girls had been
denied the right to inherit from male relatives under customary law, which had been
codified through legislation in South Africa. Under the rule of primogeniture as well as
section 23 of the Black Administration Act, the house of a deceased male became the
property of the eldest male relative. The Constitutional Court declared the African
customary law rule of primogeniture unconstitutional and struck down the entire
legislative framework regulating intestate deceased estates of black South Africans.
According to the Court, section 23 of the Act was anachronistic since it ossified ‗official'
customary law and grossly violated the rights of black African persons relative to white
persons. With regard to the customary law rule of male primogeniture, the Court held
that it discriminates unfairly against women and illegitimate children on the grounds of
race, gender, and birth. The Court notes that the customary law rule was in
contravention of the South African Constitution as well as CEDAW. The result of the
order was that all deceased estates are governed, until further legislation, by the
Intestate Succession Act 81 of 1987, whereby widows and children can benefit
regardless of their gender or legitimacy. The Court also made orders for the division of
deceased estates in circumstances where the deceased person was in a polygamous
marriage and was survived by more than one spouse.
 Pakistani swara case (2006)
In 2006, two sisters living in the tribal regions of Pakistan challenged the decision of a
tribal jirga to settle a case by using the longstanding traditional practice of swara. Swara
is a practice of forced marriage of young girls as compensation for settling blood feuds
among some communities in Pakistan. The Pakistan High Court declared the decision
of the tribal jirga to impose swara illegal and a violation of human rights.
 Mojekwu v. Ejikeme (Nigeria 1999)
In Nigeria, the Nrachi custom enabled women to inherit the property of their father, but
only in the event that they performed Nrachi which required that they never married and
that they raised male heirs for their father. The Nigerian Court of Appeal, Enugu Division
held that the Nrachi custom, which is designed to oppress women and compromises the
basic tenets of family life, was inequitable and judicially unenforceable. The court held
that a female child is generally entitled to inherit her deceased father‘s estate and does
not need to perform any customary ceremony such as Nrachi to exercise that right.
• Rono v. Rono (Kenya 2005)

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In Kenya, a man died without a will, leaving two wives. The first wife‘s household
included three sons and two daughters. The second wife‘s household included four
daughters. The High Court awarded a greater percentage of the estate to the
household that included sons on the ground that the daughters would eventually marry
and receive assets from their new families, a decision based on tradition. Drawing
guidance from the nondiscrimination provisions of the international human rights treaties
that Kenya had ratified, the Court of Appeal overturned the High Court‘s decision,
finding that the unequal inheritance distribution violated the Constitution‘s prohibition
against discrimination on the basis of sex.
Innovate and Provide Alternatives

While existing information indicates that informal justice mechanisms pose many risks
to women and girl victims of violence, advocates are working around the world within
informal systems to make them more gender-responsive and to increase the choices
available to women who need a remedy. Strategies include increasing the participation
of women in informal mechanisms, non-governmental organization engagement with
informal mechanisms to alter power inequities, changing the types of remedies that are
proscribed through informal systems, and creating entirely new justice mechanisms. For
more information see the Guiding Principles section.
Key strategies to improve informal justice mechanisms include:
 Developing accessible appeal or complaint mechanisms for survivors who are

unhappy with the judgments of informal mechanisms
 Ensuring that confidentiality procedures are in place
o Evaluating how public participation impacts on the confidentiality of
victims.
 Appointing advocates for women and girls who have cases before informal
mechanisms
o Advocates should be women elders or other well-respected women.
o Advocates should be trained in the dynamics of gender-based violence.
o Advocates should have access to referral information so as to connect
women and girls with supportive services where available.
o Advocates should be empowered to speak on behalf of survivors during
the process if the survivor wishes them to do so.
 Ensuring that victims are not required to attend any negotiations about remedies
or compensation, but have the option to attend or send a representative
 Changing compensation regimes
o Supporting compensation schemes only when in addition to other
punitive remedies, such as incarceration.
o Ensuring that any compensation is allowed only when acceptable to the
survivor.
o Ensuring that compensation is paid directly to the survivor, not her family
or male relatives, and that it is placed in trust if she is under age.

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 Changing penalties applied by informal mechanisms

o Ensuring that penalties comply with international human rights norms.
o Consulting survivors about the use of non-custodial penalties.
o Eliminating the use of physical punishments.
 Working closely with survivors to ensure that apologies are never a substitute for
sanctions or reparation, and are allowed and encouraged only when the survivor
wishes to hear and/or accept such an apology
 Adopting a formal resolution on gender inclusion or reserving spots for women on
informal case resolution bodies. However, it is important to note that having
women decision makers does not automatically ensure the prioritization of victim
safety and offender accountability in any justice system.
Example: In Cuetzalan, Mexico women form part of the governing structure of the local
indigenous court. In this way, they are able to influence the operations of the court in a
direction that is more positive for women.
 Creating women-run case resolution mechanisms.
Example: the Mahila Panchayats in India are run by women and the agreements that
parties come to during the sessions are enforced by women in the community who
monitor the outcomes.
India – Women-run ―Traditional‖ Justice Mechanism
In the Delhi slums, women who are victims of violence, especially violence that is
considered a family problem such as domestic violence or dowry violence, have few
options for justice in practice, despite the progressive act on domestic violence passed
int 2005. Police may refuse to file reports or denigrate women who come to seek help,
finding legal advice is costly, and traditional justice mechanisms are dominated by men.
Women‘s groups, led by Action India, have created a new justice mechanism that is
designed to be more supportive of women, known as the Mahila Panchayat. The mahila
panchayat provides an example of innovation within a traditional system to enhance
women‘s participation and control. However, it also raises important questions in
that innovation can reproduce problematic aspects of traditional systems, such
as requiring face-to-face negotiation in cases of violence, victim-blaming, unclear
risk assessment procedures, and pressure to reconcile in the cases of
inexperienced panchayats.
Based on the traditional village council, Mahila Panchayats are Neighborhood Women's
Councils. Dozens of Neighborhood Women's Councils have been started by Action
India, each with 25 to 30 members. A study of mahila panchayats published in 2003
described the mahila panchayat method of operation and concludes that the new justice
mechanism has increased women‘s options and empowerment. The study was based
on in-depth interviews as well as five months of observation of panchayat sessions,
counseling sessions, home visits, and workshops. It did not address concerns about

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mediation and negotiation of domestic violence cases however, which are

important concerns relative to the mahila panchayat model.
The mahila panchayat process generally begins with a woman seeking help from the
organization, although some women also are referred by the police. Common
complaints reported by the study focused on male family members or community
members and include domestic violence, dowry violence, alcohol and drug use, failure
to support the family, affairs with other women, and property grabbing. Prior to the
development of the mahila panchayat, the problems noted above, including domestic
violence, generally were addressed through traditional bardari panchayats, which were
completely controlled by men, or through family negotiations. According to the study,
the mahila panchayats generally do not involve police unless a woman‘s life is in
danger, although it was not clear from the study reports how that risk assessment is
made.
After hearing a woman‘s complaint, the panchayat sends a letter to the other party,
often the husband, requesting that he attend a panchayat session. The letter notes that
if men do not comply, Action India will take other action to address the problem. Women
are counseled on their legal rights so as to develop their understanding of the law
related to marriage, dowry, and property. Generally, the mahila panchayat requires that
both parties attend a session with the 25-30 volunteer panchayat members. According
to the study, most of the women who brought cases wanted to reconcile, although the
panchayat also supports women who wish to leave their marriages by ensuring that
men pay maintenance for children or through assisting women to find their own means
of support. In all of the cases observed for the study, the mahila panchayat decision
required that women receive financial maintenance and that violent behaviour stop.
Decisions of the panchayat generally are solutions negotiated and written by the parties
themselves, with the support and advice of the panchyat. Members of the panchayat
then monitor the decisions to ensure women‘s safety. According to the study, women
are encouraged to make their own decisions about whether to stay in a marital
relationship, and the staff and volunteers provide the social support necessary to help
women follow through on their choices in the face of pressure from families and cultural
tradition.
The study noted that the ability of the mahila panchayat to effectively support women‘s
rights and personal decision-making was in large part related to the experience of the
group of community members who make up the panchayat. Those who have been
engaged with the process for longer and who have had more training and experience
are better able to counter men‘s attempts to force reconciliation and justify violent
behaviour. According to the study, the mahila panchayats hold men accountable for
violence by challenging their denials and their presumed entitlement to use violence.
However, it noted that newly formed mahila panchayats are less able to challenge these
tactics effectively and often need to be mentored by well-established mahila panchayat
groups until they become more knowledgeable about women‘s legal rights and gender
awareness.

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Source: Magar. 2003; International Museum of Women. 2010. Women’s Justice by

Action India; Action India. 2010. Mahila Panchayat Program.
Example: Messengers for Peace in Comayagua, Honduras emerged as a community

watch group after workshops on promoting peace and addressing gender based
violence. The group is all-volunteer and is dedicated to providing legal education to their
fellow women and girls who are confronting violence. They follow-up and intervene in
cases of domestic abuse.
 Writing community level ―legislation‖ that supports women‘s and girls‘ rights in the
context of minority governance institutions
Example: Māori iwi (tribal) leaders in Aotearoa New Zealand formed a consortium to
address family violence, which ultimately led to the adoption by most iwi authorities of
―zero tolerance‖ policies for violence in their communities. The discussions around the
draft policies also led to national level advocacy on changing legislation that the iwi
believed allowed a justification in law for assaulting children.
 Positive non-governmental organization engagement with the informal system, in

particular, designed to balance power inequalities
Example: the Ugandan Association of Women Lawyers (FIDA-U) provides legal aid to
women in several districts. Sometimes, an official letter from the organization written to
the husband outlining the applicable law in the case can help to change the power
dynamics and resolve the cases that women bring to the group.
Example: In Northern Iraq, among internally displaced populations (IDPs) with no

access to formal justice mechanisms, the organizations Heartland Alliance and Mercy
Corps are working to change the way traditional mediation operates and improve
women‘s rights. The program trains mediators on women‘s rights in marriage and
divorce and on how to mediate appropriate cases so as to prevent potential violence.
Mediators are also trained to refer cases that are not appropriate for mediation to legal
assistance services.
Community Tribunals on Violence Against Women (Zambia)
In Zambia, the use of ―tribunals‖ is a longstanding technique for advocacy. The tribunals
do not have legal standing as part of the formal courts, but are community mechanisms
for raising awareness and making recommendations related to pre-selected cases. The
tribunals consist of up to ten community stakeholders and experts on the topic. The civil
society network Justice for Widows and Orphans Project (JWOP) uses tribunals to
address violations of the rights of widows, such as property grabbing, wife inheritance,
and widow cleansing. Community members bring their cases forward to the network of

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organizations involved with JWOP. JWOP then organizes 1-2 tribunals annually to raise
awareness of the cases and to get recommendations from the community and experts
as to how to move forward. Although the tribunals do not have legal standing to resolve
cases, they can often raise awareness of injustice to the point that formal or informal
justice sector mechanisms take action and provide remedies. Tribunals also can have
the effect of mobilizing communities to act as watchdogs after becoming aware of the
injustices in some cases.
Similar tribunals are organized by the group Jagori in Bangalore, India. The Courts of
Women focus on the issue of dowry and accompanying violence against women. The
tribunals bring women from across the region to tell their stories of dowry violence and
their cases are heard by a panel of experts, including legal experts. The sponsoring
group then creates a report and recommendations to the government, related to new
legislation and other practices to end dowry violence.
[Editor‘s note: Although opportunities such as the community tribunals, which allow
people to tell their stories are an important aspect of demonstrating and encouraging a
norm of respect for survivors and thus important to women and girl victims of violence,
tribunals might also provide opportunities for women to receive legal assistance and
advocacy in pursuing cases of violence. And, it is important to note that these tribunals
do not take the place of formal justice mechanisms that are also available to women
and girls. See the Guiding Principles section for more information.]
You can read the infopack from the Courts of Women on Dowry in English and Hindi.
Source: Varga. 2006; JAGORI. 2011. Courts of Women: Vimochana Bangalore.
Abolition
Abolition (i.e. ending or outlawing practices) of certain practices or justice mechanisms
may be the goal of some justice reform projects. In particular, when informal
mechanisms endanger women or girls, subject women and girls to discrimination
on the basis of sex or other status (such as, race/ethnicity, income level, urban or
rural residence, etc.) or use physical punishments that amount to inhuman and
degrading treatment, those mechanisms must be abolished.
Abolition can be accomplished through changes in the law or through education and
provision of alternatives. There is general consensus that simply outlawing practices or
mechanisms without public education and awareness is the least effective means of
reform in the informal sector. Changing the law in combination with ongoing education
and provision of alternatives is a preferable strategy.
In any scenario, especially when the abolition of an entire justice mechanism is being
proposed, it is important to carefully consider the dangers of abolition and the impact
that outlawing certain mechanisms could have on women‘s safety (DANIDA, 2009;

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Penal Reform International, 2000). For example, practitioners should consider what
alternative justice mechanisms are available to women and girls if an informal system is
abolished. Would abolition of a justice mechanism lead to lawlessness or vigilantism, for
example? What will take the place of the informal mechanism? How will abolition impact
other community structures that in turn impact women‘s and girls‘ human rights? When
informal mechanisms are abolished, States should devote resources to providing
effective, consistent, and readily-available formal justice mechanisms to support the
rights of women and girl victims of violence.
Palestine – Using Negotiated Contracts to Stop ―Honor‖ Killings
The Women‘s Centre for Legal Aid and Counseling (WCLAC), a Palestinian women‘s
advocacy organization, works at the intersection of the formal and informal justice
sectors by addressing ―honor‖ killings. In order to stop families resorting to traditional
―honor‖ killings, WCLAC, with support from the United Nations Trust Fund to End
Violence against Women, works closely with families, religious leaders, formal justice
sector officials, and secular government leaders to devise alternative solutions. One
solution is to bring parties together in a meeting to hear from victims, negotiate a
solution which in the eyes of the family saves its family ―honor‖ but also protects the
safety of the woman or girl, and then to have family members sign a contract in the
presence of religious and secular authority figures stating that they will honor the
negotiated decision of the group not to carry out an ―honor‖ killing. WCLAC uses
ongoing monitoring of and data collection on femicides to continually adapt its strategies
for prevention. WCLAC has developed a partnership with the Institute of Forensic
Medicine at Al-Najah University to try to ensure that deaths of women are accurately
documented as femicides instead of accidents or suicides. Along with providing
alternatives for families considering femicide, WCLAC also works for legislative and
policy change and continues to advocate for legal changes that would increase
penalties for those who perpetrate ―honor‖ killings.
Source: Spindel et al. 2000. With an End in Sight , pp. 103-04; WCLAC. 2009. Heading
Towards Achieving Hope: 2009 Annual Report.
Develop Capacity
Overview
One of the most widely used models of engagement with the informal sector is creation
of capacity development and training programmes. The following are key steps to
consider in developing a capacity development programme:
 Needs assessment/Situational appraisal: Like any justice sector reform effort,
capacity development should begin with determining what is needed in a
particular sector or community. Along with the techniques described in the
Programme Planning and Design Section, needs assessment for capacity

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development can be done through a capacity inventory. [Editor‘s note: Capacity

inventories are useful in both the informal and formal justice sectors.]
 Planning: Develop a plan to increase capacity that allows sufficient time and
resources for training or other capacity provision, for people to practice new skills
or use new equipment/resources, and for individuals to adjust to new roles and
responsibilities as their capacity increases.
 Monitoring and Evaluation: Include benchmarks for success and an evaluation
component to examine whether the capacity development has met the needs
outlined in the assessment.
Capacity development related to informal justice and violence against women can take
many forms, but some of the most commonly used include:
 Creating legal educational materials

 Creating or modifying infrastructure
 Increasing collaboration and linkages
 Facilitating knowledge transfer
Example: In Papua New Guinea, village courts use custom to come to a decision but
they are considered an official part of the formal justice sector. Village court officials are
trained and supervised in some respects by the formal sector, which opens avenues of
communication and should ensure the integration of women‘s rights principles into the
customary system.
Tool:
 Capacity Inventory of Justice Sector Actors. To conduct a capacity inventory,

work in a team to list out the types of skills, knowledge, and relationships that are
needed to accomplish a project, organizational goals, or a justice reform
initiative. These lists can be very broad and inclusive – from specialized legal
knowledge to typing skills. Then, if conducting individual inventories, designate
an individual to interview all staff and volunteers to determine what assets they
possess from the list. This will generate a ―capacity resume‖ of each individual.
Capacity inventories can be conducted on an individual, organizational, or
community level. The process does not just look for deficits but also examines
assets that already exist but may be unknown or under used. At the end of the
process, new assets and the need for increased capacity can be revealed. At the
organizational or community level, these inventories might look more like a map,
instead of an extended resume. With the assets of key players documented, the
places where capacity is lacking quickly become clear. See a sample Capacity
Inventory developed for use in community building in the United States.
Create legal education materials

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High quality legal education materials can help women and girls understand and claim
their rights.
 Work with experts who have a detailed understanding of the governing formal
laws, customary practices, or religious laws, and their impact on women and
girls, to ensure that materials present accurate information.
 Relate the laws, customs, or practices being addressed back to international
human rights principles and clarify that human rights principles must take
precedence over country laws, customs, or practices.
 Create materials that help people understand both the formal and informal sector
options available to them. Many of those working in the justice sector regularly
are dealing with the overlap of formal and informal systems.
 Know the audience for the materials, but do not make assumptions. Judges,
survivors of violence, community advocates, and traditional leaders likely will
need different types of information and need it presented in different ways. Work
with those who will use the materials to listen to their needs and to pre-test
materials. It can be easy to assume that certain audiences, in particular judges or
magistrates, have a particular literacy level, or are aware of certain basic legal
information. These assumptions can be problematic, especially in post-conflict
settings where education has been interrupted or unavailable for many years.
Seek guidance from experts on developing materials for low-literacy audiences if
needed.
 Create materials in a format that is easy for people to carry and reference
regularly. Smaller size booklets, quick reference pages, and charts that quickly
compare concepts make it more likely that materials will be used.
Indonesia – Legal Education Materials Compare Formal and Informal Practice

In Indonesia after the tsunami in 2004, the International Development Law Organization
(IDLO) worked extensively to build the capacity of local legal stakeholders, such as local
non-governmental organizations, courts, and community members to understand the
multiple legal regimes in place in Aceh. IDLO published a series of guidebooks detailing
land law and guardianship practices, including the rights of women in the justice
process. An evaluation of the project revealed that a particularly helpful tool was a
matrix (sample row shown below) comparing customary norms, formal laws, and Islamic
legal opinions on a given issue.
Customary Islamic Legal
Topic Formal Law Principles and Opinions/ Notes
Norms Principles
FEMALE There is Under There is broad According to
GUARDIANS nothing in customary law support from the the
the Islamic men are MPU that mothers Indonesian
Law generally may – and legal scholar,
Compilation appointed generally should – Subekti, a
which guardians. be appointed surviving
prohibits However, in guardian of their spouse will
females from certain situations children when their automatically

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being (e.g. where husband has died. ‗by operation

appointed as there are no However, with of statute‘
guardians. male eligible to respect to the become the
be appointed), a child‘s inherited guardian of
female may act assets, their own
as guardian responsibility children who
(over both the should rest with the are under 18
day-to-day care father, the years of age.
of the child and grandfather or, in In practice,
its property). their absence, the the
However, she guardian or the Mahkamah
would not be Mahkamah Syar’iyah
given the title of Syar’iyah. supports the
‗wali‘. appointment
of female
guardians.
Post-tsunami,
there have
been several
cases where
the court has
appointed
maternal
grandmothers
as guardians
of their
grandchildren.
The entire guidebook including the matrix of laws and the three shorter FAQ documents
can be downloaded for review.
 Guidebook on Land, Inheritance and Guardianship Law in Post-Tsunami Aceh
 10 Frequently Asked Questions on Inheritance Law in Post-Tsunami Aceh
 20 Frequently Asked Questions on the Guardianship of Children without Parental
Care in Post-Tsunami Aceh
 10 Frequently Asked Questions on Guardianship Law in Post-Tsunami Aceh
Sources: Harper. 2010; International Development Law Organization. 2006. Guidebook

on Land, Inheritance and Guardianship Law in Post-Tsunami Aceh.
Create or modify infrastructure

Informal mechanisms can be adapted to include and reflect basic good practices related
to infrastructure which exist in the formal courts. as they respond to cases of violence
against women.

INFORMAL SECTOR
 Safe spaces: Women and girls reporting violence should have a safe and
confidential place to do so, whether they are seeking assistance from a formal
court or from an informal practitioner. Capacity-building projects should help
communities develop spaces or procedures through which women and girls can
be assured of confidentiality and safety. This may mean creating relationships
with medical providers and advocacy groups, among others.
 Record keeping: States have a responsibility to gather information about violence
against women, and the outcome of violence against women cases, including in
the informal sector. Projects to help informal mechanisms record how they
deal with cases that involve violence against women are a powerful first
step in examining how these systems can better serve women and girls.
Projects should be creative in using new technologies to implement
systems of record keeping for low literacy populations or communities
without access to traditional record keeping infrastructure.
Rwanda – Proposed Phone Record Keeping System
In Rwanda, a proposed capacity-building project aims to increase the effectiveness of

the abunzi local informal justice mechanism by creating a centralized phone database
where local arbitrators can call in to record their decisions, which currently are usually
hand-written and kept informally by the abunzi. The abunzi would orally record a brief
description of the case, name the parties, and record the resolution. The local abunzi
could then tag the oral recording with subject categories. Over time recorded decisions
would be rated as best practices, and then made available for local abunzis to call in
and review when they have a similar case.
Source: Jeffers and Agamanolis. 2009. Oral Wiki to Support Informal Justice Systems.
Increase collaboration and linkages

Increasing collaboration between the formal and informal sector can be a powerful way
to build capacity. Key strategies for increasing collaboration between the formal and
informal sector include:
 Coordinated Community Response (CCR): Creating coordinated community
response mechanisms in the informal context. Non-governmental organization
supported programmes can create one-stop centres for women that offer
supportive services for health care, psychological counseling, and case
resolution advice. As these centres gain prominence, their value is recognized by
local informal or formal justice officials who then refer cases to these entities.
 Paralegal training: The involvement of paralegals, or individuals with professional
training in the law and legal processes but who are not attorneys, is a common
component of increasing linkages and collaboration. Paralegals who have been
trained in gender-based violence have been shown to increase access to justice
for women and girl victims of violence.

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 Legislating collaboration: Laws can mandate ways in which the formal and
informal sectors interact by requiring information sharing between formal and
informal sectors.
Kenya – Linking Chiefs with Other Court Users
The Kenya Women Judges Association (KWJA) is a non-profit, membership association

based in Nairobi. The KWJA, which includes as members Kenya‘s 19 female judges
and more than 45 female magistrates, works to train the judiciary and other key
stakeholders on the provisions of Kenya‘s Sexual Offences Act and Children Act. As a
result, KWJA has trained judges, magistrates, investigators, prosecutors, police child
advocates, probations officers, and others on these important laws that protect girls, in
particular from sexual violence. KWJA works through ―court users committees‖ to
conduct trainings. Court users committees, which involve periodic meetings of
individuals who interact with the courts on a regular basis, were established by the
judiciary in Kenya to provide a forum of education and consultation on issues related to
the courts. In 2009, KWJA conducted trainings around Kenya with these groups, but
repeatedly heard that local level chiefs, who had not been included in the trainings,
were a critical group because of their important role in addressing crime, particularly in
areas outside the capital city Nairobi.
Kenya‘s system of administration includes chiefs, who operate at the most local level.
(When the devolution provisions of Kenya‘s 2010 constitution are implemented, the role
of chief will no longer be part of the government administration.) Chiefs are often the
first point of contact for anyone who has been a victim of a crime. They often are the
first to receive complaints of rape and other forms of sexual violence. It was reported to
KWJA that many chiefs were settling cases of sexual assault through mediation and
compensation, or through other types of informal case resolution, which then hampered
efforts to gain justice in the formal courts. Members of the court users committees
reported that chiefs played a critical role in preserving, or not preserving, evidence
which then made prosecution of cases more or less difficult. Because of concerns
raised about how chiefs were handling cases of sexual violence, KWJA targeted training
sessions specifically for local chiefs.
According to reports from KWJA staff, chiefs reacted very positively to the trainings, and
were appreciative of being included. KWJA trainings involved trainers from KWJA, from
the state forensic labs, and from the state prosecutor‘s office. Chiefs particularly
appreciated the opportunity to interact and network with these officials from other levels
of government. An evaluation of the trainings indicated that the majority of participants,
both chiefs and other stakeholders, found the trainings extremely helpful. Participants
also reported that the training enhanced their understanding of the law and their ability
to implement it. KWJA designs their trainings not only to provide accurate information
about the content of the law, but also ensures that the participants have the opportunity
to raise concerns and share difficult cases with which they need assistance on the
ground. This provides an opportunity for group problem solving and brainstorming.

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KWJA staff also reported that chiefs were changing their behaviour in handling cases as
a result of the trainings. For example, chiefs were now speaking out against mediation
and compensation for sexual violence cases, even for those cases that involved family
members as perpetrators. Also, there were reports of chiefs working more effectively to
preserve evidence by escorting victims to the hospital, and then ensuring that both the
victim and the perpetrator were brought before the police so that charges could be filed.
Finally, chiefs found that the new laws are an effective tool in preventing cases within
their communities. Instead of using compensation, and then allowing perpetrators to go
free to perhaps commit a similar crime again, the laws allow chiefs a tool to stop this
cycle of violence and ensure that their communities are safer.
KWJA also reported challenges related to the chiefs‘ trainings however. These
challenges were primarily related to logistics because the trainings were held in more
rural parts of Kenya and many of the chiefs were coming from remote locations.
Accordingly, ensuring that the trainers‘ and participants‘ schedules could match and that
everyone could get to the same location without adversely impacting their regular work
duties was a challenge. Ensuring travel and lodging reimbursement for chiefs traveling
from remote locations was also a challenge because for some the expense was quite
large and participating in a one day training would require two nights lodging at the
venue and two full days of travel.
Source: Interview with KWJA Staff, Nairobi, March 2011.
Ethiopia – Community Collaboration to Prevent Child Marriage
In Ethiopia, many communities are working to address the problem of child marriage. In
some regions, half of girls are married before the age of 15. Local communities,
supported by non-governmental organizations, have taken a collaborative innovative
approach to the problem. Traditional legal and formal legal authorities are partnering
with reproductive health advocates and educators to prevent child marriages. Girls
clubs have been established in schools to educate girls about the risks of child
marriage. Community health representatives also work in the community to educate
families about these risks. Girls from the clubs often report the engagements of friends
to school officials who then report the upcoming marriage to local authorities or to local
marriage approval/ screening committees. These community level committees are
composed of religious leaders, government representatives, and women‘s rights
groups. The committee hears the case and determines whether the girl is of legal age to
be married. When there is a question about the girl‘s age, she must travel to a hospital
for age determination before the committee will approve the marriage. If parents are
found to have violated the federal statute setting 18 as the legal age of marriage, the
committee can recommend that the families be called to the formal court where they
can be fined or even jailed. Marriages can also be annulled through this process, or girls
can obtain divorces. Non-governmental organizations then provide scholarships for girls
who leave child marriages so that they can attend school.

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Watch a video about how the group Pathfinder works to end early marriage in
Ethiopia.
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frameborder="0" allowfullscreen></iframe>
Learn more about forced and child marriage.
Sources: Pathfinder International. 2006. Creating Partnerships to Prevent Early

Marriage in the Amhara Region. Fente. 2009. Ethiopians Fight to Stop Early Marriage.
Facilitate knowledge transfer

Informal practitioners may often be isolated and have little opportunity to interact with
practitioners from other communities or systems. Justice reform programmes can build
capacity and facilitate interaction amongst informal practitioners by:
 Arranging transport and facilitating knowledge transfer tours. In Cambodia, the
Community Legal Education Centre facilitates group tours on which informal
practitioners from Community Case Resolution Projects can visit each others‘
communities to share experiences and collaboratively solve problems.
 Holding chiefs meetings in a central location on a regular basis for practitioners
to discuss common issues and difficult cases. In Southern Sudan, annual chiefs
meetings were mentioned by many participants in a United States Institute of
Peace study as an important interethnic forum for sharing knowledge.
 Providing trainings that bring informal practitioners from different areas and
different mechanisms together to share strategies. It is important to note
however, that this can be very challenging, as practitioners from different
systems often are reluctant to interact, and, without preparation and expert
facilitation group meetings can lead to entrenchment of harmful norms.
Liberia – National Council of Traditional Leaders
The Carter Center works in Liberia with the National Council of Traditional Leaders. This
group brings together community leaders from across the nation to discuss rule of law
concerns and other issues. The Council also has a women‘s caucus. Through
consultation that brings leaders together for meetings with representatives from the
Carter Center and other groups, the Council has issued public statements from its
women‘s caucus and from the body as a whole that support new rape and inheritance
laws in Liberia.
Source: Telephone Interview, Tom Crick, The Carter Center, Dec. 2010.

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Human Rights and Gender Training

Although training is a type of capacity development, it is so frequently used and so
widely recognized as a necessary component of justice reform that it has been
highlighted as its own category here. Training for the informal sector will be context
specific, as described in the examples below, but certain general principles apply:
Subject-matter considerations
 Training should help place informal mechanisms within the context of
international human rights obligations, constitutional obligations, and formal laws.
See the Legislation module.
 Training should focus on women‘s right to be free from violence as a collective
community responsibility.
 Training should highlight the critical importance of holding offenders accountable
for violence in a swift and meaningful way.
 Training should include information about how to conduct a risk assessment so
as to help informal justice practitioners identify the most dangerous and violent
offenders so that victims can be adequately protected.
Design considerations
 The audiences for training should include chiefs, mediators or other decision-
makers, community members who use the system, and women in particular.
Other key audiences may include, youth, faith leaders, members of the media,
women‘s groups, and men‘s groups.
 Trainings should be based on initial assessment data so as to effectively meet
the needs of the audience and avoid resistance to trainings that do not take
context into account.
 Training should prioritize stopping the violence, protecting victim safety, and
holding offenders accountable.
 Training should focus on skill development as well as legal and human rights
knowledge.
 Training should be respectful of, and recognize, the skills and expertise of,
traditional and community leaders and the skills and expertise of women‘s
groups.
 Training should incorporate community traditions, stories, and modes of
expression to the extent they promote women‘s right to be free from violence.
 Training should include pre- and post-assessments of the knowledge, attitudes,
and beliefs of the participants relative to violence against women and the role of
the informal justice sector.
 Training should be dynamic and interactive, drawing on adult learning principles.
DR Congo – Lessons Learned on Training Male Community Leaders
Women for Women International conducted an evaluation of its programme to train

male community leaders on gender and sexual violence in the eastern Democratic

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Republic of Congo. The evaluation revealed several lessons that may be applicable to
other programmes designed to engage men through training on issues of gender
violence:
 Carefully select trainees: ―Analysis revealed that in some instances leaders were
selected for training without first assessing their interest or level of commitment
to the issues to be covered in the training. While some may have developed an
interest over the course of the training, it may be more effective to ensure that
each person who goes through initial training expresses some degree of interest,
particularly if they are being recruited to conduct further training.‖
 Determine appropriate length and spacing of training relative to topic:
Participants in the evaluation said that the 3-5 days used for the Men‘s
Leadership Training was not sufficient to give participants time to digest and
reflect upon materials. Conducting an introductory training and then spacing out
subsequent trainings can give participants more time to absorb and develop and
understanding of complex and new material.
 Ensure that materials are appropriate for the audience: Participants in the Men‘s
Leadership Program were asked to conduct outreach after their training and they
noted that very simplified materials would have been helpful for that exercise.
Other participants recommended community theatre as a means of training
grassroots communities.
 Consider how to incorporate women into training programmes for men: The
evaluation revealed that although the programme was targeting men,
spontaneous outreach by male-female teams provide very effective. Considering
husband-wife teams as role models for change amongst other couples was one
suggestion from the evaluation participants.
Eastern Congo.
Often, training on violence against women can be seen as directly challenging long-
established community norms and values. As a result, it can be hard to get participants
to agree to attend the training. Communities around the world have responded to this
difficulty by:
 Creating Incentives – Combining trainings on gender dynamics, human rights,

and laws on violence against women with entertainment or other types of training
which community members need (vocational, leadership, entrepreneurial, etc.)
can often be the only way to get participants to attend trainings. Teaching people
about violence against women often must be paired with basic legal literacy and
rule of law education, especially in rural communities.
Liberia – Rule of Law Education

As Liberia recovers from a devastating civil war, The Carter Center is partnering with
community based organizations to train local trainers on rule of law education. The

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programme is designed to build the capacity of local civil society groups as well as
increasing the legal literacy of Liberian communities. The programme addresses a
number of issues including basic structure of the legal system, new rape and
inheritance laws, as well as trying to dissuade communities from using traditional rituals
like ―sassywood,‖ or trial by ordeal, to determine guilt. The Carter Center‘s Handbook for
Community Partners, outlines the messages and methods community educators and
trainers can use in civic education. The handbook also includes helpful strategies for
working with community elders and traditional leaders.
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A video describes and shows footage of some of the rule of law programmes and their
impact.
Source: www.cartercenter.oirg
Raise Public Awareness

Awareness-raising is a powerful tool and has been shown to change attitudes related to
gender. Key principles for awareness-raising around informal justice sector reform
include (Australian Agency for International Development, 2008):
 Portray role models with whom audiences can identify. These role models can
demonstrate that there are new ways to deal with common problems and that the
new ways can protect the human rights of women.
 Offer women-only sessions whenever feasible, as well as mixed-sex sessions, to
allow for frank discussion amongst women and girls.
 Use multiple modes of communication to saturate a community with a consistent
message.
 Reinforce mass media, like radio or posters, with interpersonal communication
such as town hall meetings.

INFORMAL SECTOR
 Include ―edutainment‖ as part of the awareness raising effort. This might include
theater, radio dramas, videos with talk-back sessions, as well as music and
music videos.
 Keep the awareness effort sustained over time. Holding regular community
consultations and distributing periodic newsletters, articles or other materials on
a regular basis, all are potential ways to make a communication effort sustained
and fresh.
 Engage faith communities in efforts to increase knowledge and change attitudes
early in the process. Because faith traditions are often used to justify violence
and male domination in society, engaging faith communities to change that
paradigm is essential.
Awareness-Raising in Aceh, Indonesia
After the tsunami hit Indonesia in 2004, it was clear that women were vulnerable
because of lack of information about their rights in Aceh‘s justice system, which includes
customary courts (adat), shari‘a courts (Mahkamah Syari‘yah), and the formal courts. As
part of a broader public awareness campaign designed to ensure that women‘s –
especially widows and divorced women‘s – inheritance and custody rights were
protected, an international non-governmental organization worked to develop posters
highlighting women‘s equality in land tenure and guardianship. The campaign also
included films designed specifically to enhance women‘s knowledge, and posters to
reinforce community awareness of legal rights. The film tracked the lives of three
women who were dealing with some of the most common legal problems faced by
women: land rights, inheritance, and guardianship.
Tools:
Guidebook on Land, Inheritance and Guardianship Law in Post-Tsunami Aceh

(International Development Law Organization, 2006). Available in English.
10 Frequently Asked Questions on Inheritance Law in Post-Tsunami Aceh

(International Development Law Organization, 2006). Available in English and in
Bahasa Indonesian by emailing [email protected].
20 Frequently Asked Questions on the Guardianship of Children without Parental

Care in Post-Tsunami Aceh (International Development Law Organization, 2006).
Available in English and in Bahasa Indonesian by emailing [email protected].
10 Frequently Asked Questions on Guardianship Law in Post-Tsunami Aceh

(International Development Law Organization, 2006). Available in English in Bahasa
Indonesian by emailing [email protected].

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Mock Tribunals in Nigeria
The Nigerian women‘s human rights group BAOBAB and the Civil Resource
Development and Documentation Centre organized the first National Tribunal on
Violence against Women on March 14th 2001 in the capital city of Abuja. The tribunal
was unofficial and not legally binding, but the testimonies would be real – 33 women
were selected to testify. Some of them had volunteered, and many agreed to share their
experiences when they realized this may have a positive impact on their families and
communities. They testified about their experience of violence from the state, in the
home, and from society as a whole.
The judges were selected based on their prominence and their concern for women‘s
rights. They included two Supreme Court Justices, several heads of NGOs, and
prominent lawyers. The tribunals were open to the public, and the organizers took
special care to invite journalists, police, commissioners, and other groups. Different
types of human rights abuses were grouped into different sessions. The panel of judges
listened, asked questions, and after the testimonies, they convened in private.
Afterwards, rather than passing a sentence, as in a regular trial, the judges made a
public policy proclamation.
The testimonies were very moving for the audience, and the attendance of journalists
led to wider public awareness of the tribunals. Locally, the tribunals helped to get state
legislation passed against female genital mutilation. On a national level, their impact
helped advance a domestic violence bill (which was eventually passed in 2007). More
generally, the tribunals created greater public awareness that abuses against women do
exist, and that they are serious.
See related documents on this tribunal.
Source: Fijabi, M, 2004. A Mock Tribunal to Advance Change: the National Tribunal on
Violence Against Women in Nigeria, on New Tactics in Human Rights.
Sample rights-based education materials on the informal sector include:

 Leaflet on Violence Against Women (Nigeria: BAOBAB for Women‘s Human
Rights). Available in English.
 Leaflet on Divorce under Muslim law (Nigeria: BAOBAB for Women‘s Human
Rights). Available in English.
 Radio programme on violence against women (Equal Access, 2010). The

Samajhdari Project radio project episodes are available for download. Available
in Nepali.

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Maximizing Mobile Phones for Rights-based Education
Organizations and activists around the world are quickly adapting their educational
efforts in both the informal and formal justice sectors to take advantage of mobile phone
technology. The anti-trafficking organization Survivors Connect uses text messaging
technology with grassroots organizations in Cameroon, Ghana, Nepal, USA, and
Vietnam for the following education and awareness raising activities:
 Reporting instances of violence/locations of suspected trafficking activity
 Organize/publicize events and meetings via text
 Viral campaigning – forward texts to a friend
 Use as helpline so individuals can get support; also can act as a referral for other
professionals
 Auto responders set up to give out key information about trafficking
 Coordinate a referral system depending on a victim/survivors needs
 Immediate translation
 Geospatial mapping of texts
Free software to facilitate the effective use of SMS is available from several groups,
including Ushahidi and Frontline SMS.
Monitor Human Rights Practices

What is human rights monitoring?
Human rights monitoring is a unique activity that is separate from monitoring and
evaluation, as well as from research. Human rights monitoring seeks to gather
information about the human rights situation in a country or region over time through
readily available methods, with the goal of engaging in advocacy to address human
rights violations. It also involves a process of documenting human rights violations and
practices so that the information can be categorized, verified, and used effectively.
Human rights monitoring is sometimes called fact-finding. Fact-finding consists of
investigating a specific incident or allegation of human rights violations, collecting or
finding a set of facts that proves or disproves that the incident occurred and how it
occurred, and verifying allegations or rumors.
Human rights monitoring should be based on principles of:

 Accuracy
 Confidentiality
 Impartiality
 Gender-sensitivity
Although monitoring human rights of women should be a state responsibility, monitoring

by community-based organizations and non-governmental organizations can also
produce an important perspective. Informal justice systems themselves should also take

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on the role of self-monitoring and reviewing how they impact women‘s safety and
human rights.
Efforts to monitor human rights in the informal sector are few, but emerging.
Example: in Timor Leste, the Judicial System Monitoring Program interacts with chief‘s
suco councils. Reports from this monitoring programme have been used to institute
reforms and to increase the number of women elected to community governance
bodies, including the informal judicial body. In Bangladesh, Ain O Salish Kendra helps
train local committees, sometimes all women, to monitor shalish proceedings and
conduct informal education on women‘s rights for those involved in the proceedings
Sources: Wojkowska/UNDP, 2006; Australian Agency for International Development,

2008.
Monitoring violence against women can be very challenging because of the social
stigma attached to these issues, underreporting of violence, and male dominated power
structures in communities. Key principles for monitoring violence against women include
(Amnesty International and CODESRIA 2000):
 Build contacts with women‘s NGOs, women activists, and women contacts in all
areas of the country.
 Ensure that the fact-finding delegation is comprised of women, and include men
and women delegates with experience in dealing with women‘s human rights
violations; seek contact with women from the area.
 Organize focus groups composed of women to develop a better understanding of
the situation and explain your research.
 Be aware and knowledgeable about social and cultural attitudes attached to
women, sexual violence, rape, and sex in the region or community.
 Ensure that women‘s rights violations are properly documented; discrimination
may exist in the laws and constitution, in the beliefs of society, in cultural
practices, in access to economic resources and legal systems, and in family
relations.
 Maintain confidentiality and safety of any participating survivors.
Additional resources on human rights monitoring include:

 Documenting Women's Rights Violations by Non-state Actors (Rights
and Democracy, 2006). Available in English and French.
 Documenting Human Rights Violations by State Agents: Sexual

Violence (Amnesty International and International Centre for Human Rights
and Democratic Development, 1999). Available in English.
 Documenting the Implementation of Domestic Violence Laws: A Human

Rights Monitoring Methodology (The Advocates for Human Rights, 2011).

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 A Practitioner’s Guide to Human Rights Monitoring, Documentation, and

Advocacy (The Advocates for Human Rights, 2010). Available in English.
 Training Manual on Human Rights Monitoring (United Nations, 2001).

Available in Arabic, English, French, Russian, and Spanish.
 Events Standard Formats – A Tool for Documenting Human Rights

Violations (HURIDOCS 2010). Available in English.
 New Tactics – Documenting Violations: Choosing the Right Approach

(Center for Victims of Torture, 2009). Available in English.
 Familiar Tools, Emerging Issues: Adapting traditional human rights

monitoring to emerging issues (Prestholdt, 2004). Available in English.
 Ukweli: Monitoring and Documenting Human Rights Violations in Africa

(Amnesty International and CODESRIA 2000). Available in English.
CEDAW and Monitoring Informal Mechanisms

Monitoring of women‘s rights, including the right of women to be free of violence, in the
informal justice sector should relate back to CEDAW provisions on this topic,
specifically:
Article 5(a), which obligates States Parties to take all appropriate measures:
To modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other practices which are
based on the idea of the inferiority or the superiority of either of the sexes or on
stereotyped roles for men and women;
Article 13, which notes that women have an equal right to enjoy all aspects of cultural
life;
Article 15, which states that

1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that
of men and the same opportunities to exercise that capacity. In particular, they shall
give women equal rights to conclude contracts and to administer property and shall treat
them equally in all stages of procedure in courts and tribunals; and
Article 16, which obligates States parties to take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family relations,
And, the CEDAW Committee‘s General Recommendation 21, which expands upon
articles 15 and 16 at length, as well as General Recommendations 12 and 19 on

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defining violence against women and state responsibilities related to legislation on

Monitoring and Regional Instruments

Human rights monitoring of informal systems should go beyond CEDAW and also
incorporate the provisions of regional instruments. CEDAW does not resolve, or provide
sufficient direction to resolve, many of the cases that arise when gender equality and
―culture‖ come into conflict (Merry, 2006; Bond, 2010). Reservations to CEDAW made
by many countries also limit its effectiveness in addressing conflicts between informal
justice practices and gender equality. Regional instruments on women‘s rights may be
more helpful in providing direction when working on informal justice sector reform, and
may in fact expand some of the protections in CEDAW. For example, advocates may
want to refer to:
 Protocol to the African Charter on the Rights of Women
 Southern African Development Community Addendum on Violence Against
Women
 African Charter on the Rights and Welfare of the Child
 Organization of American States Convention of Belem do Para
 Council of Europe Convention on preventing and combating violence against
women and domestic violence
Often the goal of human rights monitoring is to present information to a national,

regional or international human rights body. Tools for organizations wishing to present
monitoring reports to regional and international bodies include:
 Guide to International Human Rights Mechanisms (The Advocates for

Human Rights, 2010). Available in English.
 Documentation Research Guide (United Nations, 2011). Available in

English and French.
 Producing Shadow Reports to the CEDAW Committee: A Procedural

Guide (IWRAW, 2009). Available in English.

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INFORMAL SECTOR: MONITORING AND EVALUATION

Many of the same principles apply to monitoring and evaluation in the informal sector as
in the formal justice sector, although there are some unique challenges that one may
confront in the informal sector.
Click on the following links for general information about baseline studies, monitoring,
and evaluation.
Baseline Studies
The specific baseline data collected will depend on the goals of the programme to be
implemented. Baseline studies of the informal justice sector and violence against
women should consider gathering data about:
 Prevalence of violence against women and girls, including prevalence of specific
types of violence in the target community
 Characteristics of women and girls experiencing the highest rates of violence
 Characteristics of perpetrators engaging in violent behaviour
 Attitudes of key stakeholders about causes and consequences of violence
o Key stakeholders include women and girls, informal justice practitioners,
advocates and civil society leaders, men, elders, faith leaders
 Attitudes of key stakeholders about remedies for violence against women and
girls
 Number of cases of violence against women moving through the informal system
 Informal practitioners‘ knowledge of human rights principles and obligations
 Description of the typical handling of a case of violence against women in the
informal system, including roles, participation of women, survivor support, record
keeping, types of remedies available
 Description of the interaction between the formal and informal system
 Description of availability, quality, and costs of legal and advocacy services for
survivors
 Description of availability, quality, and costs of other services for survivors,
including shelter, accompaniment and social support, or financial support
Uganda – Measuring Awareness of Human Rights of Women and Children
The Foundation for Human Rights Initiative focuses on access to justice for socially
deprived women and children in 6 districts in Uganda. In 2009, the group conducted a
baseline study in one of the six provinces to gather initial data about human rights
violations against its focus population. The study used key informant interviews, focus
groups, and review of other reports to gather data for its baseline report. The baseline
study documented the large gap between urban and rural residents related to human

INFORMAL SECTOR
rights awareness, and also documented the perceptions of community members and
stakeholders relative to redress mechanisms for violence against women.
Survey instruments and focus group guides from FHRI are available in the appendices
of their Baseline Study Report.
Source: Foundation for Human Rights Initiative.
DRC – Baseline Study on Engaging Men to Change Attitudes
Women for Women International runs a Men‘s Leadership Program in the Democratic
Republic of Congo that focused on changing gender norms as well as community
attitudes around justice for sexual violence, including those of legal system leaders. The
programme was the result of an evaluation of programming targeting women only.
During the evaluation, women asked for assistance in working with the men in their
communities to change attitudes. At the beginning of the Men‘s Leadership Program,
Women for Women International conducted a baseline survey with 392 male community
leaders culled from five key sectors: government, religious, traditional, security—
including the police and military—and civil society. The survey revealed a high level of
agreement among respondents about the need for communities and civil society
organizations to be actively involved in the reintegration of survivors of gender-based
violence. The men surveyed, however, were deeply divided in the ways they perceived
the status of women, their roles in society and male authority. For example, 56.2% of
respondents agreed with the statement ―There is little that women have to contribute to
community reconstruction and development.‖ And 86.3% of respondents agreed with
the statement that ―Men are the heads of households and the wives must obey and
submit to them,‖ an attitude that clearly results in violations of women‘s human rights.
The data from the baseline study was later compared with an external evaluation at the
end of the project. The evaluation revealed some changes, especially at the level of
individual relationship between men and women in the community. But the evaluation
also revealed that long-held beliefs about the role of women change slowly.
Eastern Congo.
Data Collection and Indigenous Peoples
Many informal sector initiatives work with indigenous communities. Data collection
related to violence against indigenous women should comply with the recommendations
of the Expert Workshop on Data Collection and Disaggregation for Indigenous Peoples
(International Indigenous Women‘s Forum (FIMI), 2006), which calls for data collection
methods that:
 respect the principles of self-determination and free, prior, and informed consent;
 incorporate Indigenous Peoples as equal partners in all stages of data collection,
including planning, implementation, analysis, and dissemination, with appropriate

INFORMAL SECTOR
resourcing and capacity-building to enable Indigenous Peoples to participate

effectively;
 are conducted in Indigenous languages to the extent possible and, where no written
language exits, employ local Indigenous persons as translators, interpreters, and
advisors to assist in the collection processes;
 include indicators of particular significance to Indigenous Peoples, such as access to
territories and natural resources;
 analyze data in ways that account for the full diversity and demographic profile of
Indigenous communities, including gender and stage of life, as well as people with
disabilities, and Indigenous Peoples in rural and urban areas, including Peoples who
are nomadic, semi-nomadic, migrating, in transition, and displaced; and
 recognize that the process of data collection is critical to the empowerment of
communities and to identifying their needs, and respect Indigenous Peoples‘ right to
have data (primary and aggregated) returned to them, for their own use.
Monitoring
Monitoring of reform programmes generally should focus on whether advantageous
aspects of the informal system are being improved while work is progressing on
eliminating aspects of the system that harm women and/or do not comply with
international human rights norms. Monitoring the progress of programmes in the
informal sector builds on the baseline data collection. Monitoring focuses on
gathering data to assess progress towards outcomes, factors contributing to or
impeding achievement of outcomes, partnerships strategy, engagement of women
and girl survivors, and lessons learned for wider sharing.
Some key indicators, depending on the programme and the informal justice mechanism,
might include (Penal Reform International, 2000, pp.160-66):
 increased safety, security and access to justice in the geographical area covered
by the justice forum
o women and girls report experiencing less violence
o community perceives violence against women and girls to be decreasing
 increased application of principles of women and girl‘s fundamental human rights
by the forum
 voluntary nature of the forum
o awareness that no person should be forced physically to appear or to
abide by any decision of the informal forum with the understanding that
perpetrators would be immediately referred to the formal justice sector if
they did not appear as scheduled
o trust that no person refusing to appear or to abide by any decision will be
physically compelled to do so with the understanding that perpetrators
who did not abide by decisions of the informal justice forum would be
immediately referred to the formal justice sector
 increased gender-equitable decision-making
o a positive change in attitudes towards the rights of women, children and
other minority-status groups

INFORMAL SECTOR
o an awareness and acceptance of the principle of ―equality before the law‖;

o a positive change in the way in which cases involving women and girls are
dealt with under the informal forum
o the adoption of a code of ethics which recognizes the equal rights of
women and girls
o greater participation of women and girls
o greater availability of alternatives such as and legal assistance,
paralegals, and advocates
o the awareness of women and girls of these alternatives
o increased use of these alternatives by women and girls
 the absence of physical punishments by the forum
o a positive change in attitude towards the non-use of physical punishment;
o instances where the formal state system has intervened, for example,
o charges being laid for the illicit use of such punishment.
 improvement to any other weaknesses specific to the particular forum
 a high degree of community participation in the decision-making process when
appropriate
 increased confidentiality for survivors of violence
 increased survivor satisfaction with the informal process
 increased capacity to manage cases efficiently and to implement improvements
on the basis of self-assessment
 an enhanced relationship between the formal and informal sectors;
 a draft of a code of ethics and procedural guidelines
 the keeping of records of cases registered, including names of parties, type of
case, etc.
 the keeping of records containing a brief statement of the facts of the case
established during hearing, and any agreement reached
 regularization of times and places where cases are heard, aimed at maximizing
participation by all sections of the community when appropriate
 regularization of procedure for selecting decision-makers/mediators/arbitrators
 regular public meetings to review and discuss how the forum is progressing and
any changes to be made or action to be taken in relation to safety, security and
justice
Ethiopia – Monitoring Community Campaigns Against FGM
A campaign to abandon female genital mutilation was begun in the Afar region in the
year 2000. The campaign was mainly spearheaded by religious leaders, who worked to
inculcate an understanding among their more conservative counterparts, clan leaders,
and the community at large that the practice is not supported by Islam. The campaign
continued for six years, culminating in a conference in 2006 where consensus was
reached to totally abandon FGM in the region. The conference involved senior officials
of the regional government, zonal administrators, woreda (district) and kebele (sub-
district) officials, and religious and clan leaders. A government regulation reaffirming the
Penal Code of Ethiopia (ratified in 2005), which criminalizes the practice, was also
passed.

INFORMAL SECTOR
With a strong national foundation for the eradication of FGM, UNFPA and UNICEF
launched a joint programme to support implementation of the law. The programme
focused on gaining the support of an initial core group of community members, which
decides to abandon the practice and then helps mobilize a sufficient number of people
to facilitate a tipping point – enough of a consensus to create a rapid social shift on the
norm.
Structures have also been put in place on the ground to monitor the implementation of
the Joint Programme. Anti-FGM committees have been set up at the kebele level made
up of the clan leader, a community elder, two former circumcisers, and the Kadi (local
judge). There are also anti-FGM village committees composed of two former
circumcisers, a village elder, clan leader, and the religious leader in the community. The
members of the committees teach the community about the consequences of FGM and
report cases when they see evidence of it.
Quarterly review meetings are held with the aim of giving refresher training to help
committees address the challenges they encounter in the course of their work. The
review meetings also serve as forums to evaluate progress. The review meetings are
facilitated by members of the Afar Region Anti-Harmful Traditional Practices Committee.
There have been cases where officials as high as the Vice-President of the region and
the Vice-President of the Islamic Affairs Supreme Council have facilitated the review
meetings, thus showing serious commitment in the region to end the practice. In the
villages, uncircumcised and newborn girls are now being registered, a record which
serves as a follow up mechanism to protect them. The registers are reported on a
quarterly basis.
Monitoring work is being undertaken on a regular basis together with the woreda
administrations. The monitoring work has been integrated in the routine works of the
woredas. When the woreda and kebele administrations hold their periodic meetings,
FGM is discussed as one development issue. Moreover, a regional network of
governmental and civil society organizations working on the abandonment of harmful
practices has been established to create a common understanding and approach in the
quest to achieve total abandonment.
Source: UNFPA. 2010. Abandoning Female Genital Cutting/Mutilation in the Afar

Region of Ethiopia.
Evaluation
Effective programme evaluation can:
 Support programme improvements so as to enhance outcomes for women.

 Document programme knowledge for dissemination and applicability in other
contexts – how can others learn from our experiences and apply our models to
their local problems?

INFORMAL SECTOR
 Support accountability – were resources expended in the manner planned and

did the resources contribute to achieving programme goals? Why or why not?
 Provide information on results for donors and other audiences.
The United Nations Development Programme Handbook on Planning, Monitoring and

Evaluating for Development Results includes a detailed description of general
considerations when creating an evaluation methodology. The UN Women website on
gender-responsive evaluation provides guidance on integrating a women‘s rights
perspective into evaluation.
Specifically related to violence against women in the informal sector, evaluations overall
should examine whether:
 women and girls are safer in their homes and communities as a result of the
programme implementation;
 mediation and restorative justice practices are utilized; these should never be
implemented in cases of violence against women and girls.
 womens and girl‘s human rights are recognized and supported when they
experience violence;
 women and girls are better able to access justice and support when they
experience violence;
o this might include improvements in physical access, financial access,
timeliness, confidentiality, and supportive services depending on the
programme goals.
 perpetrators are subject to effective sanctions that deter future violent behaviour;
and attitudes towards violence against women and girls have changed in a
positive direction.
Sample Evaluation Interview Questions (UNDP, 2010)
Interview Guide for Beneficiaries

Have you ever heard of the [community court programme]? Were you involved in this
process? How?
What are your observations of the [community court programme]? What do they do? Is
it important? Why/why not?
Have they helped you? How have they treated you? Was the process fair? Are you
happy with the outcome? If you had another problem like this, would you go to them
again?
What process do they use to come to agreements?
How do you see the effectiveness of the project? Any successes/challenges/constraints

pertaining to project implementation? What contribute to the success you observe?

Are there any organizations doing similar work? Is the work of [the community court
programme] the same or different?
Have you seen them involved in other situations? In what types of situations have they
been involved? Appropriate or not?
Do you think the [community court programme] should be continued? Do you think you
would do something differently in the future or the same? Why and how? What are the
best practices from this process you observed?
Evaluation Challenges in the Informal Sector

Challenges in programme evaluation mirror many of the challenges in programme
implementation in the informal sector including logistics, participation, and working with
low literacy populations.
 Many programmes in the informal sector are community-level trainings. Tracking
down rural, poor participants, especially women and girls, after-the-fact may be
difficult or impossible in some cases, unless detailed contact information was
recorded during the training.
 Many community members are not familiar with the purposes of evaluations or
may not have participated in surveys or structured interviews before. Explaining
the purpose of the evaluation can be a challenge, as can ensuring that
respondents do not simply tell the evaluator what they think the programme
organizers want to hear.
 Especially in rural communities, accessing participants to conduct the evaluation
can be a challenge, involving significant travel time.
 If participants received incentives to participate in a particular training or activity,
they may expect similar incentives to participate in an evaluation of that process.
This expectation should be anticipated and addressed early on.
 Participants may have low literacy levels and evaluators should plan for this by
adapting their evaluation methods accordingly.
These challenges highlight the importance of including an evaluation plan from the
beginning of the programme and ensuring that considerations for the logistics of an
evaluation are part of the implementation of the programme, such as:
 Conducting pre- and post-programme assessments immediately before and after
the implementation of the programme.
 Talking with programme participants about the fact that the programme will be
evaluated at some point in the future and letting them know it is a part of the
programme activities.
 Talking with participants about how they think the programme could most
effectively be evaluated during the implementation process.
 Identifying control group communities in advance of programme implementation
and considering early on how to garner their participation when they have little or
no familiarity with the programme.

 Ensuring that evaluators have familiarity with the communities and cultures
where they will be gathering evaluation data, so that they can make an instinctual
assessment of whether participants understand the questions and are giving
responses that reflect real results, instead of what evaluators want to hear.
 Keeping data collection instruments short, simple, and focused on only the most
pertinent information.
 Considering what type of sample size will be needed to meet the goals of the
evaluation – for example, will feedback from 30% of participants be enough?
5%? 90%? Plan for how to access the desired sample.
(Interview with Margaret Snoeren, American Bar Association Rule of Law Initiative,
January 25, 2011.)

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Working with the Justice Sector

Justice Sector Module 1 December 2011

WHY IS THE JUSTICE SECTOR IMPORTANT?

BASE PROGRAMMES ON INTERNATIONALLY RECOGNIZED HUMAN RIGHTS PRINCIPLES

Justice Sector Module 2 December 2011

PROGRAMME PLANNING AND DESIGN

STEP 1: CONDUCT AN APPRAISAL

FORMAL SECTOR: OVERVIEW OF MAIN STRATEGIES

REFORM DISCRIMINATORY LAWS

FORMAL SECTOR: CHALLENGES

FORMAL SECTOR MAY REFLECT WIDER SOCIETAL BIASES

Justice Sector Module 3 December 2011

REFORM DISCRIMINATORY LAWS

FORMAL SECTOR: MONITORING AND EVALUATION

KEY PRINCIPLES FOR MONITORING AND EVALUATION

INFORMAL SECTOR: MAIN STRATEGIES

REFORM LAWS AND REGULATE

INFORMAL SECTOR: CHALLENGES

INCORRECT ASSUMPTIONS ABOUT THE INFORMAL SECTOR

Justice Sector Module 4 December 2011

INFORMAL SECTOR: SPECIAL PROGRAMMING CONSIDERATIONS

ADDRESS CONCERNS ABOUT RESTORATIVE JUSTICE AND MEDIATION IN PROGRAMME DESIGN

INFORMAL SECTOR: PROGRAMME IMPLEMENTATION

REFORM LAWS AND REGULATE

INFORMAL SECTOR: MONITORING AND EVALUATION

Justice Sector Module 5 December 2011

Women around the globe confront challenges accessing justice.

Justice Sector Module 6 December 2011

Justice Sector Module 7 December 2011

What does the justice sector entail?

Common Types of Justice Mechanisms

Negotiation: A process through which parties voluntarily seek a mutually acceptable

Mediation: A process through which a neutral third party negotiates a resolution to a

Justice Sector Module 8 December 2011

Sources: U.S. National Institute of Justice. 2007. Fundamental Concepts of Restorative

Formal Justice Mechanisms

Justice Sector Module 9 December 2011

The Danger of Restorative Justice in VAW Cases

The Dangers of Mediation in VAW Cases

Justice Sector Module 10 December 2011

Nevertheless, mediation continues to be used in many cases of violence against women

 All those involved in facilitating mediation should be trained in the dynamics

Canada: Working Group Recommendations for Restorative Justice in VAW

Justice Sector Module 11 December 2011

Justice Sector Module 12 December 2011

Hybrid Justice Mechanisms

Another hybrid-type mechanism is common in the formal justice systems of settler

Rwanda – Development of Hybrid Justice in a Post-Conflict Context

Justice Sector Module 13 December 2011

How do the formal and informal sectors interact?

Law and Regulation

Justice Sector Module 14 December 2011

Violence against women, such as domestic violence, is often erroneously viewed as

Justice Sector Module 15 December 2011

Justice Sector Module 16 December 2011

What is known about working with the justice sector on

Despite these measurement challenges, the literature reflects general agreement on

Consistency and reliability in justice sector responses can improve

Justice Sector Module 17 December 2011

Coordinated community response leads to positive outcomes: Communities